The prosecution has to prove their case by showing that certain "elements" are true beyond a reasonable doubt. They prove these elements mostly with the use of a witness (usually the police officer). You get to then cross examine the witness, and this is where you want to bring in as much reasonable doubt as possible. So the cross examination is really important and then your closing submissions are also very important. If the prosecution fails to mention one of these elements during their questioning of the witness then do NOT bring it up in cross-examination. Wait until closing submissions and point out that they failed to prove a certain element. Whatever elements they do bring up though, these are the ones you want to try and cast reasonable doubt on thru your cross examination questions. Anyways here is some links. Probably worth reading everything at the links but there is some specific info regarding Cross Examination questions in them. The first two links are excellent at helping you understand how to go about Cross Examination, but they are USA related so some of the example questions may not be suitable for your situation: http://www.nolo.com/legal-encyclopedia/ ... r11-2.html http://www.howardnations.com/cross-examination/ http://www.roadwarriors.ca/traffic_ticket_trial http://fightyourtickets.ca/tickets/the-trial/ http://ticketcombat.com/step5/crossexam.php More GENERAL information you should study as well: http://fyst.ca/#toc http://ticketcombat.com/sitesearch.php http://fightyourtickets.ca/tickets/ http://www.roadwarriors.ca/?category_id=468
The prosecution has to prove their case by showing that certain "elements" are true beyond a reasonable doubt.
They prove these elements mostly with the use of a witness (usually the police officer).
You get to then cross examine the witness, and this is where you want to bring in as much reasonable doubt as possible.
So the cross examination is really important and then your closing submissions are also very important.
If the prosecution fails to mention one of these elements during their questioning of the witness then do NOT bring it up in cross-examination. Wait until closing submissions and point out that they failed to prove a certain element.
Whatever elements they do bring up though, these are the ones you want to try and cast reasonable doubt on thru your cross examination questions.
Anyways here is some links. Probably worth reading everything at the links but there is some specific info regarding Cross Examination questions in them. The first two links are excellent at helping you understand how to go about Cross Examination, but they are USA related so some of the example questions may not be suitable for your situation:
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…
