Stupid stunts

[gkram1985]

The guy I know that ran lives in Morris now as well lol, drives a 2008 white superduty that's as long as a fricken limo

[asiemens]

Originally Posted by Wendigo

...I believe its a bit of a reprieve...If your discharged from a criminal offence concerning driving you can get away with being charged on a lesser offence through the Manitoba Highway Traffic Act.

Jail Term and Record...vs. Fine/ Suspension only...I could be wrong.

I don't think jail time is likely anyway, I'm just concerned about the record, and even that I don't know how worried I am.

[asiemens]

Originally Posted by gkram1985

The guy I know that ran lives in Morris now as well lol, drives a 2008 white superduty that's as long as a fricken limo

Now I'm curious who this is.

[skipper]

Where did this happen?


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[asiemens]

Originally Posted by skipper

Where did this happen?


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I was 3 miles east of rosenort when he initially turned on his lights

[skipper]

Ok just wondering cuz seen one go down on route 90 just inside perimeter! Would consult a lawyer tho cuz how does the saying go He who represents himself has a fool for a client!


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[boakley]

I wouldn't go this one alone. I would hire some form of council whether lawyer or other.

If you are going to go it on your own and want to make some research start:
http://www.manitobacourts.mb.ca/index.html for procedural related knowledge
and
http://www.canlii.org/eliisa/search....tDate=&endDate=
to find out the t&c's of others flight from police cases and then can research the outcomes. Listed here are cases, arguements from prosecuters and defence and then yuo can find final outcomes. You may find the wording / arguments of importance if you are going it on your own.


A lot will depend on duration of the chase, location (remote or populated), speed, other charges (like anything illegal found in the car), priors, was our actions "out of character" and likliness of offending, etc...

Not knowing any detail they will likely chuck your direction so you should prepare for the following arguments when the time comes

Criminal code sections
Flight from police: s. 249.1 of the Criminal Code.
Dangerous Operation of a mortor Vehicle: s. 249(1)(a) of the Criminal Code.
If impared over .08: s. 253(a) of the Criminal Code

Highway Trafic Act
Valid driver license at time of offence: s. 173(1)(a) of the Highway Traffic Act.
Failing to stop / failing to signal a turn: s. 253(a) of the Criminal Code


some or all of these may be coming your way depending on the specifics.

[boakley]

Originally Posted by asiemens

Good stuff. What is the definition of a discharge?

Sentences:

discharge means no punishment is imposed so basically all is over. So still guilty but no conviction entered into the records.

discharge (absolute) is unconditional sentance (case is over no punishment) so still guilty but no conviction entered into the records.

discharge (conditional) guilty but no punishment if the guilty party complies with certain conditions that will be listed by the judge. After conditions are met (could be probation, community service, counseling, etc..) and expire then the discharge changes to an absolute discharge. If conditions not met then go back for re-sentancing.

[asiemens]

Originally Posted by boakley

Sentences:

discharge means no punishment is imposed so basically all is over. So still guilty but no conviction entered into the records.

discharge (absolute) is unconditional sentance (case is over no punishment) so still guilty but no conviction entered into the records.

discharge (conditional) guilty but no punishment if the guilty party complies with certain conditions that will be listed by the judge. After conditions are met (could be probation, community service, counseling, etc..) and expire then the discharge changes to an absolute discharge. If conditions not met then go back for re-sentancing.

The cop said something about likely being able to get a conditional discharge or sentence. So that doesn't sound toooooo bad then.

thanks

[MOOSEintheMarsh]

I would get a lawyer and you can get one for free that is appointed by the courts to represent you. Seriously this is nothing to take lightly. A lawyer could mean the difference between jail or just a fine and suspension. Good luck either way you go with it....

[dabomb650]

About 7 years ago I got charger with flight and dangerous driving they are criminal code offences I was caught red handed got a good lawyer and I pretty much got off everything except blowing a stop sign

[Wendigo]

Originally Posted by asiemens

The cop said something about likely being able to get a conditional discharge or sentence. So that doesn't sound toooooo bad then.

thanks

As a kid got nailed for racing...A cop told me...4 points...I got 8...and a year probation.

[Bister]

If you go it alone and get convicted, this could cost you a lot more down the road. It could prevent you from certain jobs etc. You have a better chance of a lawyer reducing the charges etc, he/she may not get you out of there with out anything, but it might be a lot less.

A lawyer now is a small price to pay vs. this following you around for the rest of your life.

[shadowstang]

Originally Posted by asiemens

I may be stupid and naive

That's about it people are trying to help you but go ahead mc guyver with all your Internet smarts your good to go :)

[Bister]

Originally Posted by Wendigo

As a kid got nailed for racing...A cop told me...4 points...I got 8...and a year probation.

Exactly, I would believe what the cop tells you, it's up to the Judge and Prosecutor.

[asiemens]

Originally Posted by MOOSEintheMarsh

I would get a lawyer and you can get one for free that is appointed by the courts to represent you. Seriously this is nothing to take lightly. A lawyer could mean the difference between jail or just a fine and suspension. Good luck either way you go with it....

you would be referring to legal aid which to qualify you can't be making much money

Originally Posted by shadowstang

That's about it people are trying to help you but go ahead mc guyver with all your Internet smarts your good to go :)

you took only part of what I was saying there.


There is only one charge against me. the outcome will have a lot to do with the write up the cop did, talking to him during the incident, he was a nice guy so the write up he did won't be screwing me to the wall. There's worse he could've added on top of the initial charge like endangerement of minors, and not allowing me to talk to witnesses, etc.

I'm not very scared of the outcome, that's all I'm saying. I've gleaned information from a bunch of people now and I've looked into the worst that can happen, which is pretty bad but EXTREMELY unlikely. I've got my dad and at least one mentor coming in with me so we'll see how the proceedings go and maybe they'll get to say something.

The other thing is, lawyers have told me I need to go the the initial hearing and get reports before they can help me with the flight from police. POINTS has told me they can't help me. So just so everyone knows I have taken some initiative and looked around for a lawyer a bit and I'm actually trying to get a hold of the prosecuter now. So for the first hearing, I think my bases are as covered as they are going to be.

[boakley]

Originally Posted by Bister

Exactly, I would believe what the cop tells you, it's up to the Judge and Prosecutor.

yup... cop just wants to close his job and move on so no conflict and oozing niceness is his best approach if he can. Be nice to you, process the task at hand, and move onto his next job.

Originally Posted by Bister

If you go it alone and get convicted, this could cost you a lot more down the road. It could prevent you from certain jobs etc. You have a better chance of a lawyer reducing the charges etc, he/she may not get you out of there with out anything, but it might be a lot less.

A lawyer now is a small price to pay vs. this following you around for the rest of your life.

yup... amazing we all ***** about lawyers but they tend to be our go to guys when shat hits the fan.... could be the best $10,000 of your life you ever spend.

Good luck, hope you survive the stress this type of stuff creates and hope it turns out fairly for all involved.

Glad nothing more happened (like an accident)

[asiemens]

Originally Posted by boakley

yup... cop just wants to close his job and move on so no conflict and oozing niceness is his best approach if he can. Be nice to you, process the task at hand, and move onto his next job.




yup... amazing we all ***** about lawyers but they tend to be our go to guys when shat hits the fan.... could be the best $10,000 of your life you ever spend.

Good luck, hope you survive the stress this type of stuff creates and hope it turns out fairly for all involved.

Glad nothing more happened (like an accident)

at 10000 I'll definitely avoid lawyers for at least a little bit, considering it's only a week away, I definitly think stress level is virtually non existent

[LeCaptain]

Originally Posted by asiemens

So just so everyone knows I have taken some initiative and looked around for a lawyer a bit and I'm actually trying to get a hold of the prosecuter now. So for the first hearing, I think my bases are as covered as they are going to be.

Why would you want a prosecutor? You should be looking for a defense attorney....

Maybe I'm wrong, but from your posts you seem to be kinda young? Everyone here have given you the same suggestions and it looks like you dont have any interest in what these people have to say???

You should re-read some of the posts (IE job ops, etc.). An example of 10 grand was thrown around but it doesnt mean you will have to pay that. Could only be a grand if you have a good lawyer that finds a hole for you right away.

Someone also mentioned legal aid and you seemed to imply that you dont qualify. If you dont, then 10 grand should be the least of your worries. If you do qualify, take it. Thats what its there for. Either way, I would go for a lawyer.

One more thing, life aint about what you have now, its also about your future. You wont be able to go to another country, harder to find a better paying job, loss of license, etc. If you want screw over your future over a few dollars, then I guess thats your decision. For most of us that have lived life a little, I would go for a loan if I had to!!!!

[asiemens]

Originally Posted by LeCaptain

Why would you want a prosecutor? You should be looking for a defense attorney....

Maybe I'm wrong, but from your posts you seem to be kinda young? Everyone here have given you the same suggestions and it looks like you dont have any interest in what these people have to say???

You should re-read some of the posts (IE job ops, etc.). An example of 10 grand was thrown around but it doesnt mean you will have to pay that. Could only be a grand if you have a good lawyer that finds a hole for you right away.

Someone also mentioned legal aid and you seemed to imply that you dont qualify. If you dont, then 10 grand should be the least of your worries. If you do qualify, take it. Thats what its there for. Either way, I would go for a lawyer.

One more thing, life aint about what you have now, its also about your future. You wont be able to go to another country, harder to find a better paying job, loss of license, etc. If you want screw over your future over a few dollars, then I guess thats your decision. For most of us that have lived life a little, I would go for a loan if I had to!!!!

I'm 18, I do appreciate the advice but I underestimated the number of people that have expereince, first hand or even second hand. If you'll remember, I said I have looked for a lawyer and the best response is that I need to get them some documentation, so either way I will be going into the first hearing alone. I know a guy that has a criminal record for assualting an officer and he has no issue leaving the country. This hanging over my head would just be that I have to declare it wherever I go, yes some people get turned off right away. I'm not saying I make a shit ton, I'm just saying that I don't qualify for legal aid.

I started this thread to see what people know and there has been only a handful of posts that have actually given information, everyone else is just saying lawyer, Lawyer, LAWYER, I get it, it would be a good idea, that's why I've looked into it.