Hey all I am going to expand on a bunch of information like this in a thread im currently writing - but in the mean time heres a tid-bit of
knowledge.
Everything the government does is governed by Statutes, you'll notice theres statutes to cover everything, a statute (A legislated rule, given the
force of law) is cleverly hidden under the name ACT... For example, INCOME TAX ACT, MOTOR VEHICLE ACT, those are all statutes.
When you are pulled over, you are given a VIOLATION TICKET, no matter how hard you look you will NEVER find a Violation Ticket Act. WHY? Because it
does not exist, what a violation ticket truly is is a Bill of Exchange.
www.canlii.org...
Section 16(1) States: A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it,
requiring the person to whom its addressed, to pay on demand or at a fixed or future determinable time, a sum certain in money to or to the order of
bearer.
Yes, I have that memorized as well as other important sections of that act including but not limited to, 10, 84,98, 35(2) etc
To lay it out for you, the ticket is the unconditional order in writing, the cops addresses it to you on behalf of (insert, state, province, crown
etc), he signs it, it requires the person to whom its addressed (you) to pay up on demand, at a given or determinable time, some cash to or to the
order of bearer.
So now we know what were dealing with, now its important to understand how to deal with these instruments.
Have you ever noticed how even after you pay your ticket you still have a conviction on your record?? Thats because no matter what, you lose, you are
in dishonor. Thats what the whole legal "game" is about, is being in honor or dishonor.
The clever trick that cops use EVERYDAY to force you into dishonor, heres your options when you get a ticket:
1. Sign it, if you sign the ticket and the cop RETAINS THE ORIGINAL (as per usual) you have now DISHONORED the ticket, and automatically lose in
court. Section 35. (2) The mere signature of the drawee written on the bill without additional words is a sufficient acceptance. Combine that with
section 98. In point of form, the return of a dishonored bill to the drawer or endorser is a sufficient notice of dishonor, and a written notice need
not be signed.
Explaination: The cop PRESENTS the ticket to you, notice he NEVER hands you his entire pad, merely a pen while he holds the ticket pad, forcing you to
sign the ticket. YOU ARE DISHONORING THAT BILL, then he keeps the original and gives you the copy FORCING YOU INTO DISHONOR. Technically they are
breaking law, because whether they know it or not, they are FORCING you to break the law.
2. Say, get #ed, im not signing that ticket. The cop then flips the ticket over, writes "Given the opportunity to sign". You have now DISHONORED
YOUR BILL. AKA loser in court.
3. Dispute the ticket. At this point, you've already signed the ticket and dishonored it, now your creating a dispute which is basically a CONFLICT
between you and another party, which is not favorable in the eyes of the 'law'. You are in dishonor, you lose.
4. (THE OPTION NOT WRITTEN ON THE REVERSE OF THE BILL!) Conditionally Accept. When you are presented with a bill it is YOUR RIGHT, to take the
original of that bill NOT A COPY.
The cop will NOT want to give you the original, so its wise to make some preperation in advance of taking it. When he stands at your window with the
ticket, ask him again clearly "ARE YOU GIVING ME A TICKET?" He will no doubt say, yes. So what part of that implies that your getting a copy? None
of it! Then place your hands out in front of you, he must then put the entire pad into your hands, and UNTIL HE LETS GO OF THE PAD the bill has NOT
been DULY presented, and he likely knows this fact.
So as soon as he lets that into your hands you tell him that you recognize this as a bill of exchange, and under Section 10 of the BEA you do not wish
to dishonor the bill, and this is also a good time to site other sections of the act as well, section 84, 35(2) etc.
Snap the original and give him his copy. If you get to this point, and the officer raises objection that means HE DOES NOT UNDERSTAND THE BILL OF
EXCHANGE ACT! As a person ENFORCING the act, if he does not understand it, he is grossly negligent and thats a form of fraud.
Educating the officer of this fact will help your case, but you MUST BE POLITE AND EASY GOING THROUGH THE ENTIRE STOP! Do not have an attitude or be a
dick, remember your goal is to snipe that ticket, and not have to pay it. Also, as someone else stated KEEP A VIDEO CAMERA WITH YOU AT ALL TIMES, have
this recording, if the cop says thats illegal, you turn the camera so its not facing him and remind him that you have the right to record any
conversation that you are a part of.
If the cop for whatever reason WILL NOT let you keep the original, sign the ticket under "Protest and duress", write that blatently over the
signature area and sign it.
55. (2) In particular, the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the
acceptance thereof, by fraud, duress or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach
of faith, or under such circumstances as amount to a fraud.
If they force you to sign (DISHONOR THE BILL), the bill is nullified, and such circumstances amount as FRAUD. This is what I meant earlier, if the cop
does not understand the instrument he is presenting, and because of that lack of knowledge is FORCING you into dishonoring the bill and really
"breaking the law" he is liable for gross negligence.
If you get the original of the ticket, you go to a Notary get them to send it off for you the OFFICER IS NOW LIABLE! He is the ONLY person who has
signed the ticket, and thus the ONLY person liable for its amount.
35. (2) The mere signature of the drawee written on the bill without additional words is a sufficient acceptance.
Meaning, sign it, your liable. The cop is liable.
Knowing your rights is different from reading a thread and firing off your mouth like a sub-machine gun. Before using this method to beat EVERY ticket
you'll ever get, I suggest memorizing every applicable section of the act, as well as taking all other precautions.