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Discussion Starter · #1 ·
Was walking Sam an old railroad yard the other week and got a fine of $346 for trespassing. People in the community use the land to walk their dogs, there are worn hiking paths, and bike paths.

Myself and a woman were stopped by an officer in regular clothes who seemed like a regular person from the neighborhood taking a stroll. He sabotages us, gives us insanely prices tickets and then moves on to his next victim. An old woman who lives across the street came down and started yelling to everyone to leave the area and would stop people showing up for a hike, or with their dog. The power tripping officer then came up to her, grabbed her arm, and said if she didn't shut up and get back in her house that he would arrest her. That scared her off, but then a minute later (I was still standing there in disbelief giving him a death glare cause $346 is a kick in the throat) he goes and gives two parents with a baby carriage, each a ticket. Are you serious?

I don't know if the railroad needs money that badly, but.. I'm sort of speechless.

Anyways, I can't afford $346, and there are no fences on one side of the property, the other side had a fence that was cut Down By some locals, and there weren't any "no trespassing" signs, so I don't want to pay this absurd fee. Any tips on what I should write in my letter to contest the fine? I'm going to drop it off at the court house this week since my contestation is due the 14th. Should I take pics where it happened and include them with the letter, or save those for court and just send a letter expressing that I contest the fine, to get the ball rolling.

Any tips, advice is welcome. Not sure what to write.
 

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Write down exactly what happened, but be very professional. Did you get the officer's badge number, by any chance? Include the date and time, and if possible, names of witnesses. It couldn't hurt to include photos of the area to show that there are no fences of signs.
 

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I'd suggest contacting the others who were fined and take it on together. Tell them you can't afford it and refuse to pay... If that doesn't work, go back and rip up $500 in railroad for scrap metal. Pay your fine and keep the rest for your troubles
 

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Definitely take lots of pictures and log the details. Call your police department and ask for details and ask why there are no rules posted against it. Ask all kinds of questions like how could you have known. Also ask them how you can contest the ticket (I believe they have to tell you, but if they don't you can also use that in your defense). Write your governor and congressman. Tell your local newspaper and call your local news station. Start an online petition. In short, give 'em hell!
 

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KrisMTL, I just noticed you are in Canada. Port what I said to fit your locale. I don't know if you guys have governors or congressmen. And I don't know if your police have to tell you proper recourse actions. But I think you get my point.
 

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Document everything and have it ready.

I think you can contest those at your municipal or provincial court, you can call your local courthouse and ask about First Attendence options. You might be able to get the situation resolved without going to trial by meeting with the prosecutor. There *should* be further instructions on the back of the ticket.

In the meantime, on a community level, I agree with sleepydvdr - start petitioning your local politicians and newspapers, if not just to force them, the Crown, or whomever owns the private property, to put up signs or fences.
 

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There's no point in contesting it. You can't win.
 

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Can you ask for a court date where you go in front of the judge to state your case? This can often get fines greatly reduced. Or ask for community service vs the fine.

I'm very sorry this happened to you.
 

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Quote:
Originally Posted by sleepydvdr View Post

Definitely take lots of pictures and log the details. Call your police department and ask for details and ask why there are no rules posted against it. Ask all kinds of questions like how could you have known. Also ask them how you can contest the ticket (I believe they have to tell you, but if they don't you can also use that in your defense). Write your governor and congressman. Tell your local newspaper and call your local news station. Start an online petition. In short, give 'em hell!
I agree with this. I got a parking ticket waived once because of this.
 

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Discussion Starter · #12 ·
OK, so I had called the criminal justice department to ask on how I can contest the fine because the instructions on the back are very vague and confusing. The clerk then asked what it was for and why? So I said what it was for and started to explain the situation of the fine and he automatically got rude and cut me off and told me if I wanted to contest it it had to be by mail. That's not an option because an answer is due in 5 days, and with mail not moving quickly on weekends I told him I'd like another way to make my plea. I asked if I can show up in person, he aid no. I asked if I can e-mail them, he said no. I then asked what other options I ad left, and he put me on hold. I was taken aback, to be honest. I was also playing it calm and cool. He then transferred me to a woman who told me all the info I needed was on a website. Guess what that website was? The website to pay the fine! Good job, folks.

I had fun finding out how to plea, it was a little game they set up for me I suppose. I had to link-hop several times until I found a FAQ on how to plea. The section on pleaing not guilty has several options; mail, e-mail, or fax. I don't have a fax machine or access to one, I don't have the days needed to send a plea via mail, so I guess I'm left with e-mail? But it seems so sketch, why can't they have an online form available for the public to use? All they want in the e-mail is the fine # and my name. I guess that's enough info to find the fine and process the plea?

So I was thinking of writing, " fine#, name, plead not guilty, I wish that the trial be held in English". Then when I am issued a court date I'll show up with the big guns; photos, a thorough description of the event.

I did enjoy many of the replies in the thread, the only problem is I just want to get past this at a minimal cost. Calling the media would take energy I can't spare, and trying to contact the fined individuals may take more effort than I'm willing to spend.

I also tried to do some research on Quebec trespass law and it seems there are none. Is that possible? If that is the case, then how are these people spam handing them out like there's no tomorrow?

Anyways, I hope they process the e-mail within hours and not days.

Will keep updating the thread until it's done.
 

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Given all you've shared, it may be worth your time and effort at least to go pay to fax it in;that way you'll have proof that you sent it in.

Quote:
Originally Posted by KrisMTL View Post

OK, so I had called the criminal justice department to ask on how I can contest the fine because the instructions on the back are very vague and confusing. The clerk then asked what it was for and why? So I said what it was for and started to explain the situation of the fine and he automatically got rude and cut me off and told me if I wanted to contest it it had to be by mail. That's not an option because an answer is due in 5 days, and with mail not moving quickly on weekends I told him I'd like another way to make my plea. I asked if I can show up in person, he aid no. I asked if I can e-mail them, he said no. I then asked what other options I ad left, and he put me on hold. I was taken aback, to be honest. I was also playing it calm and cool. He then transferred me to a woman who told me all the info I needed was on a website. Guess what that website was? The website to pay the fine! Good job, folks.

I had fun finding out how to plea, it was a little game they set up for me I suppose. I had to link-hop several times until I found a FAQ on how to plea. The section on pleaing not guilty has several options; mail, e-mail, or fax. I don't have a fax machine or access to one, I don't have the days needed to send a plea via mail, so I guess I'm left with e-mail? But it seems so sketch, why can't they have an online form available for the public to use? All they want in the e-mail is the fine # and my name. I guess that's enough info to find the fine and process the plea?

So I was thinking of writing, " fine#, name, plead not guilty, I wish that the trial be held in English". Then when I am issued a court date I'll show up with the big guns; photos, a thorough description of the event.

I did enjoy many of the replies in the thread, the only problem is I just want to get past this at a minimal cost. Calling the media would take energy I can't spare, and trying to contact the fined individuals may take more effort than I'm willing to spend.

I also tried to do some research on Quebec trespass law and it seems there are none. Is that possible? If that is the case, then how are these people spam handing them out like there's no tomorrow?

Anyways, I hope they process the e-mail within hours and not days.

Will keep updating the thread until it's done.
 

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Discussion Starter · #14 ·
Quote:
Originally Posted by *AHIMSA* View Post

Given all you've shared, it may be worth your time and effort at least to go pay to fax it in;that way you'll have proof that you sent it in.
You've convinced me. Hell, I'll mail it as well, even if it gets there late. They'll have 3 versions of my plea.
 

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Discussion Starter · #15 ·
So after hours of reading Canadian and Quebec judicial websites, I found this.

Quote:
26.1 No person shall, without lawful excuse, enter on land on which a line work is situated.
So even though i can't find any laws about trespassing pertaining to Quebec, I found the federal reference quoted above.

If they throw that in my face, I'm not sure how I can defend myself. I'm going to play the "put up fence, and signs", but if they reply with, "buddy, there's rails on the ground" I guess they win? Hmmm.

I'll worry about that when they say it I guess. Why don't they mail everyone a book on common and civil law so we can learn this stuff on the side. I didn't know 2232 -26.1 even existed until I read about it on their confusing website.
 

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Quote:
Originally Posted by KrisMTL View Post

So after hours of reading Canadian and Quebec judicial websites, I found this.

So even though i can't find any laws about trespassing pertaining to Quebec, I found the federal reference quoted above.

If they throw that in my face, I'm not sure how I can defend myself. I'm going to play the "put up fence, and signs", but if they reply with, "buddy, there's rails on the ground" I guess they win? Hmmm.

I'll worry about that when they say it I guess. Why don't they mail everyone a book on common and civil law so we can learn this stuff on the side. I didn't know 2232 -26.1 even existed until I read about it on their confusing website.
Good luck. Let us know how it goes. Those greedy *insert colourful word here* shouldn't be trying to make up lost money by fining us on every little problem they see fit. It's as bad as parking tickets. You can't pay the tickets? They take your car... If you couldn't pay the tickets, you definitely can't pay the impound lot fees. So they sell your car. It's nice living in one of the highest taxed countries in the world and still getting walked on, isn't it? All the best, man.
 

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Oooooh, Quebec legal structure. You don't have to contest the charge, at least in the other provinces, you CAN contest the fine (on whatever mitigating grounds). There's low income legal aid organizations, maybe you could try asking one of them for advice?

http://www.csj.qc.ca/SiteComm/W2007E...Main_En_v3.asp
 

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Yes, please let us know the outcome. I'm sorry you were treated rudely on the phone. It seems to be a trend at times with some of these people.
 
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