Prosecutor appealing my dismissal

mdevo
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Prosecutor appealing my dismissal

by: mdevo on
Thu May 27, 2010 8:32 pm

Hi all,
I have utilized some of the information provided by this forum to successfully get a dismissal for a speeding ticket last year. The ticket was for 134 in a 100, and the dismissal was granted based on a lack of training & qualification of the officer. The justice agreed that the prosecution did not disclose any documentation to suport the qualifications of the officer to operate the device.
I now have been notified the prosecution is appealing the dismissal.
Any thoughts on how I can defend? If so can you provide some detail please.

Thanks in advance for any info or advise.


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Reflections
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by: Reflections on
Fri May 28, 2010 7:41 am

Appeals are a funny thing. If you go you will have to defend your position again but by the sounds of it you'll need to argue legal facts.

The crown is most likely going to attack the JP's decision and this may be difficult for you as a civilian. You may want to seek legal council to go to court for you.

How did you prove that the officer's training was inadequate or invalid? This may shed some light on this.
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mdevo
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by: mdevo on
Fri May 28, 2010 1:47 pm

I had asked for a copy of the officers training records in my disclosure, and they did not provide it. At the trial I cross examined the officer and asked if he was qualified, and where is the documentation to support the qualification. He replied he was qualified, and he had proof in his file. The justice agreed that there was nothing presented to support he was qualified to operate the device, and dismissed the charge.


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Reflections
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by: Reflections on
Fri May 28, 2010 2:37 pm

So it looks as if the JP quashed the charge based on improper disclosure.....anyone get that impression?
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by: fortec_man on
Fri May 28, 2010 8:47 pm

I think they're appealing because previously most courts accepted the sworn testimony of the officer confirming that they were qualified proof enough that they were qualified.


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by: Plenderzoosh on
Fri May 28, 2010 10:07 pm

I don't know about you, but I sure feel great knowing that money is being to have this prosecutor go to appeals court over this case. Why even waste the resources fighting this even further from the city's perspective? You must have made that prosecutor look really dumb in court or maybe you looked at him the wrong way... :roll:


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by: Biron on
Sat May 29, 2010 8:24 pm

It is most likely that the prosecutor is appealing the dismissal of the charge only out of principle. Probably the prosecutor will not proceed with the charge against you.

You may contact the prosecutor and ask if they will be looking for a) a new trial, b) a conviction or c) just a court order.

In any event, for what you disclose the chances of successful prosecution appeal are very very remote and you should not worry about it.

As part of the appeal process, the prosecutor must serve upon you (provide you with) a copy of the transcript of proceeding.

Once you get the transcript, feel free to contact me for a more educated opinion.

Cheers.


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by: Radar Identified on
Sun May 30, 2010 4:55 pm

I have to agree with fortec_man's assessment here:
I think they're appealing because previously most courts accepted the sworn testimony of the officer confirming that they were qualified proof enough that they were qualified.
mdevo, this case could set a precedent. I'd strongly recommend some professional legal help.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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mdevo
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by: mdevo on
Wed Jun 02, 2010 9:23 am

Thanks for all the reply's.
I am still trying to figure out what path to follow & doing some research.
I will contact the prosecutor as suggested, maybe this will shed some light.
I remember how nasty she was at the trial, and I'm not looking forward to another confrontation.

I have until June 23rd so keep the suggestions comming......

Cheers


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by: mdevo on
Tue Jun 15, 2010 4:05 pm

Biron wrote:It is most likely that the prosecutor is appealing the dismissal of the charge only out of principle. Probably the prosecutor will not proceed with the charge against you.

You may contact the prosecutor and ask if they will be looking for a) a new trial, b) a conviction or c) just a court order.

In any event, for what you disclose the chances of successful prosecution appeal are very very remote and you should not worry about it.

As part of the appeal process, the prosecutor must serve upon you (provide you with) a copy of the transcript of proceeding.

Once you get the transcript, feel free to contact me for a more educated opinion.

Cheers.
_________________________

Thank you for your interest Biron.

I have recieved the transcript, and would appreciate any educated opinions or suggestions you may have.
I have not found much information on appeal court procedure, so what do you mean by: "Probably the prosecutor will not proceed with the charge against you."
If this is true, why the appeal then?

Cheers, mdevo.


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by: Reflections on
Tue Jun 15, 2010 10:27 pm

mdevo wrote:so what do you mean by: "Probably the prosecutor will not proceed with the charge against you."
If this is true, why the appeal then?
Answer:
Radar Identified wrote:mdevo, this case could set a precedent. I'd strongly recommend some professional legal help.
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by: Radar Identified on
Thu Jun 17, 2010 12:08 am

No doubt that some people within the Crown Prosecutor's office (and possibly the Ministry of the Attorney General) had a cow when the JP ruled in mdevo's favour and word got out. Also, I'd be willing to bet a few people who fight traffic tickets for a living may be quite interested in this particular outcome.

It could make burden of proof for the Crown a lot more difficult.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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by: Biron on
Thu Jun 17, 2010 3:14 am

.
..
Radar Identified wrote:No doubt that some people within the Crown Prosecutor's office (and possibly the Ministry of the Attorney General) had a cow when the JP ruled in mdevo's favour...
I agree.

In this case it would be the city prosecutor bringing the appeal, under the Transfer Agreement, and not the Crown.

However, you would not believe the amount of support from the Office of the Attorney General and the extent of city resources available to the prosecutor, particularly in cases like this where a new point of law could be settled.
Radar Identified wrote:... I'd be willing to bet a few people who fight traffic tickets for a living may be quite interested in this particular outcome. It could make burden of proof for the Crown a lot more difficult.
No kidding. It's 3:15 AM and I am checking case law. :)

Cheers.
..
.


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by: hwybear on
Thu Jun 17, 2010 4:53 am

Radar Identified wrote:No doubt that some people within the Crown Prosecutor's office (and possibly the Ministry of the Attorney General) had a cow when the JP ruled in mdevo's favour and word got out. Also, I'd be willing to bet a few people who fight traffic tickets for a living may be quite interested in this particular outcome.

It could make burden of proof for the Crown a lot more difficult.
and yet just more BS and needless cutting of trees to throw another paper in a file :roll: so much for environmentally friendly!
same as putting in a "photocopy of the ticket" ...the defendant was given one and the original/legal one is sitting on the desk in front of the JP...so much for environmentally friendly!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


mdevo
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by: mdevo on
Thu Jun 17, 2010 9:42 am

Wow!

I originally decided to take this case on as a sort of science experiment, since I was curious how our justice system works. Everyone seems to cave in and just pay the fines, but I thought lets learn somthing for the cost of the fine. When the case was dismissed, I thought "oh my god" this system is a joke!

Thinking I may have bit off more than I can chew!


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