My Careless Charge Story

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Joined: Sun Dec 27, 2009 12:07 pm

My Careless Charge Story

by: MLEO on
Sun Dec 27, 2009 8:18 pm

At the time I was working for a very well known security guard and electronic security company... I am a electronics technician by trade and at the time I was charged I was driving along Sheppard ave east in Scarborough near the pickering border at Kingston road.
It was late January early morning I think it was just after rush hour.

I was zipping along doing around 70 kph the light went yellow and the car in front of me decides to slam the brakes on... I had already committed myself to going through the yellow because I felt I was at the point of no return so I changed lanes and went around the car and proceeded through the intersection.

I continued on my merry way I changed lanes a few times along the way to my first job of the day... I am always a courteous driver because of the marked van and the prominently displayed telephone number on all corners.

Next thing I know there is a cruiser trying to pull me over. I stopped he came up did the usual thing he asked questions and basically gave me the usual I am better than you routine.

He checked me out obviously and found that I haven't had a ticket in around 16 years.

When he returned I was presented with a careless ticket... He freely told me why he chose this offence... "Cold, wet road, accidents all over the city, speeding and red light"... well a careless conviction would ruin me professionally and personally so this ticket must be quashed... this is what happened next.

I did my usual plead not guilty, immediately file for disclosure and start reading the case law... I found that almost all the case law pertains to an accident involved, well there wasn't one here.

When the court date came up I went he was there... I went before the JP and told them my defense wasn't ready no disclosure here is my receipt... well they sent the cop to do photocopying, he came back with the certified copy and the notes, I immediately got back before the JP and stated the disclosure is insufficient I want note book aswell... including the page that pertains to the weather reports its usually one of the first things they write down at least it was when I was in the MP's as a youngster...

Next court date came around I was prepared but I was hoping I could get off by him not showing, well he did he told me he was always at court because it was his passion I told him i was at court because I had nothing better to do and it seems like fun... I got another date because I needed more time to prepare etc...

Next date was approaching so I took all I had, case law copies, disclosure, weather reports, intersection pics etc...

Took it all to my buddy who has a fantastically logical mind and he reviewed my defense, I was shocked that he found holes in the cops defense, his own notes where going to work in our defense.

My buddy says whats the date I have to come along to assist, No problem I said. The date arrives we meet with the cop and the prosecutor and in those few minutes the charge was dropped to a guilty plea of 5 over the limit and some disgusting looks from the prosecutor to wards the cop...

Your wondering what happened right well here it is...

We reduced the evidence to a mere nothing...
No radar or lazer or speedometer...
No accident involved...
Yellows are not illegal if you cant stop you must go thats why we have a yellow...
And the killer is that the cops notes said I was doing roughly 90 and he sped to 90 to catch up sounds to me like we were doing the same speed so how did he catch up...???

The prosecutor looked like she was going to kill the cop, and was willing to make a huge charge reduction Her case was vanishing....

Reason we didn't get to trial was the JP appeared to be a pro cop JP based on his rulings that day... Him being the unknown factor we had to take the offer.

I firmly believe we could have defeated this careless charge but not if the JP is pro cop.

A few weeks later my buddy calls me and said he had an epiphany he was wondering why the prosecutor was so willing to negotiate, I said it had to be the shitty case not winable... he said nope remember I introduced myself as counsel for Mr. C++++=... she thought I was a lawyer...

Well thats my story... the moral being do your homework, research the case law find holes and manipulate them and above all don't be afraid of the court system its not that bad. You can win against the cops... The difference between cops and people is that a cop is a professional witness and were not so he has an advantage thats it.

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