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Noise Violations... How to fight it in court? (pg. 4)
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| julien2 |
| As I said, please post the section of the bylaw under which you were fined...you want some help or not ? |
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| Schadenfreude |
i would rather you use your litigator in training abilities to bring back the animals to lafontaine parc julien..
je t'aime julien
-jorges. |
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| julien2 |
| quote: | Originally posted by Schadenfreude
i would rather you use your litigator in training abilities to bring back the animals to lafontaine parc julien..
je t'aime julien
-jorges. |
I was more curious as to what section he got fined under.
Anyways, he's pretty much ed, since to me it looks like an "absolute liability" offence.
A few choices though:
- say you weren't there = no actus reus = no liability
- you did not put the music on/were not in control = no actus reus = no liability
- someone forced you to do it either physically or mentally = no actus reus
- you were temporarily deaf = defense of impossibility
- you were sleep walking = no actus reus
- you are mentally challenged
for an absolute liability offence, these are my suggestions
Of course, the public prosecutor will prove prima facie the offence, and you'll have to prove these defences. bring a witness and it might just work ! |
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| Schadenfreude |
| quote: | Originally posted by julien2
- you are mentally challenged
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link the prosecutor to this thread:p |
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| Fran666 |
LOL
edit: i have video proof :p |
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| zeKsg |
My only concern is that the officer didn't fine me, he gave me a warning.. after that warning the music was shut off... but 2 weeks later i get fined by bylaw and she uses the time that the officer was last at the place and basically turns that warning into a fine using the premise of "we got more complaints after the officer left" to do that.
Even if the complaints were real, which they obviously were, there was no officer/bylaw there to witness it.
I guess the bylaw just backtracked and turned the warning that the officer gave me into a fine.
Didn't know they could do that.
Thanks for the help tho... |
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| malek |
| quote: | Originally posted by julien2
I was more curious as to what section he got fined under.
Anyways, he's pretty much ed, since to me it looks like an "absolute liability" offence.
A few choices though:
- say you weren't there = no actus reus = no liability
- you did not put the music on/were not in control = no actus reus = no liability
- someone forced you to do it either physically or mentally = no actus reus
- you were temporarily deaf = defense of impossibility
- you were sleep walking = no actus reus
- you are mentally challenged
for an absolute liability offence, these are my suggestions
Of course, the public prosecutor will prove prima facie the offen
ce, and you'll have to prove these defences. bring a witness and it might just work ! |
thanks for the lulz, this thread is gold.
:stongue: :stongue: :stongue: |
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| Schadenfreude |
| quote: | Originally posted by zeKsg
My only concern is that the officer didn't fine me, he gave me a warning.. after that warning the music was shut off... but 2 weeks later i get fined by bylaw and she uses the time that the officer was last at the place and basically turns that warning into a fine using the premise of "we got more complaints after the officer left" to do that.
Even if the complaints were real, which they obviously were, there was no officer/bylaw there to witness it.
I guess the bylaw just backtracked and turned the warning that the officer gave me into a fine.
Didn't know they could do that.
Thanks for the help tho... |
it iks kind of like speeding tickets man...you can get a ticket in the mail without a cop ever stopping you. All it takes is a complaint. |
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| 84th Ave. |
Are you really considering even fighting it? your best defence is to say 'I apologies, it would never happen again, im a student' and hope it turns out to be $100 bucks
Your lucky that its not THAT much and that it happened after 4-5 house parties, suprised that it went that long without a fine....if I was your neighbour(s) i would break your hands so you couldnt spin anymore lool
if your about having these house parties at least turn it down a noch, or a few noches to say the least esp in the middle of the night (should I say morning) you dont have to have it blarring it all night |
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| Schadenfreude |
| you don't need hands to spin mnml...just cue a kick drum with your nose and make goat farmer sounds for 2 hours.:p |
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| Marcus007 |
dont forget about the tribal african chant!
(or is that tech house?) :p |
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