In court, the officer actually showed up, at the very last minute. We could see him talk to the prosecutor as court was going into session. My friend was soon called and was prepared to plead NOT guilty and again request disclosure when the prosecutor said something to the judge neither of us couldn't hear, and the judge immediately said 'No evidence, charge withdrawn'.
The cop was there. Is it likely there was no evidence because he never bothered to take any notes? No disclosure because there were no notes to disclose?
I'll guess that the prosecution misplaced the disclosure. There are so many cases the disclosure might have inadvertently been filed for trial on another day and not in the pile for today.Politzky wrote: The cop was there. Is it likely there was no evidence because he never bothered to take any notes? No disclosure because there were no notes to disclose?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Now, my gut told me this was nonsense. My friend contends he started on the turn when it was green, and that it turned amber in the course of the turn. I actually believe my friend - an extremely cautious driver - and have been in similar situations myself. If I were standing trial I'd want more detail than the prosecutor talked about. Like where the officer was positioned, how far away, where exactly was the target car when the light turned amber, and such. I assume such details would matter in a trial situation.