Re: University Special Constables-Traffic Enforcement
Posted: Sun Dec 04, 2011 12:32 pm
Who holds the burden of proof? What is the bar that must be met? Balance of Probabilities, Reasonable Grounds, Beyond a Reasonable Doubt.
Dude, its a university regulation ticket. At most it will be $75 (at least in our neck of the woods).
If we are going criminally, say for the parking fraud/theft, trust me, we will ensure we have all the RPG necessary to pursue those charges.
As for the regulation ticket appeal, the officer who issues the ticket has already completed a report, but they will also be asked to complete a statement (similar to a willstate) when the ticket is appealed. The person in contravention of the regulation has the burden of proof fall upon them, but they are provided with all the officer's information. We all keep great notes, even for simple university regulation traffic stops, as well, we should. I know I do, especially if I run the person and vehicle through CPIC. I can't tell you how many times people I've stopped for basic center core violations have come up with some serious records and flagged violent, etc. and have no affiliation to our campus.
Keep in mind, for a "center core" violation, if you're in center core, which is clearly marked, you have to explain your reasons.....additionally, we, in my time there, have NEVER dinged someone who is lost or trying to find their way around campus with that ticket. We aren't douches....we inform them of the violation, then we help them find their way....many times we even give them an escort to where they need to go.
What I'm saying here is this, for the most part we do "education" when we do these traffic stops. I'm sure students think we are out there dinging them left, right and center for tickets aka revenue. The fact of the matter is, I'd say 85% of the time, we are using the stop to correct the behaviour not issue tickets. So when we do issue one, there is a good reason....we've run the person through our system and noted they've been stopped previously and cautioned/issued ticket (so behaviour is continuing), they've run a series of stop signs while being observed by the officer, etc.
So yes, you, if you are issued a ticket and choose to appeal it, have the burden of proof....but keep in mind, there is reports and notes completed and you are not just told to go pound salt.
Basically......if you get a ticket, there was a good reason. We don't jack up students for cash.