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Trial Adjourned, No video evidence, Cop will show up
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PostPosted: Mon Nov 07, 2016 8:32 pm 
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Joined: Mon Nov 07, 2016 8:15 pm
Posts: 5
Hello Members,

My trial for "Driver failing to wear seat belt" was adjourned as I had not received disclosure before the trial.

The cop was present (I agreed to the same new trial date the cop will be returning for on another individual's adjournment).

Both the cop and the prosecutor advised me of video evidence, however the lady in room 12E (Toronto; 60 Queens) showed me that the disclosure I received that morning indicated no video evidence.

I need to know what to expect on my new trial date; specifically how to manoeuvre and file for dismissal, and use the "no video evidence" deal to my advantage if applicable.

For those who like details; the officer had pulled up in a marked pickup truck and asked me to pull over. I pulled into a parking lot, paused to reverse, then reversed in a parking spot. That's how my seat belt got off. :D

I would appreciate the proper lingo if you know it. I prepared for the first trial, learning to address the judge as "Your worship" and ask for a dismissal as a result of not receiving disclosure.

It would be helpful to know what to expect, how to file motions, counter motions, and if you think it will come to it, cross examine the officer.

Thank you.

John R.


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Mon Nov 07, 2016 9:02 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1673
Do you have a copy of the officers notes? Can you scan and post them for us to read (black out any personal/officer info).

What is the exact charge on the ticket (wording and section number).

They do not need video evidence. They just need the officer to testify that he saw you with the seat belt off.

However if they are saying that there definitely is video evidence then you have the right to see it, whether or not they plan to use it at trial. Make sure to send a written request to prosecutor for the video evidence. That way if you still don't have it by next trial date, then you can try Section 7 lack of disclosure argument.

What kind of parking lot was it in? There may need to be a bylaw in place in order to recognize the parking lot as a "highway".

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+++ This is not legal advice, only my opinion +++


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Mon Nov 07, 2016 10:11 pm 
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Joined: Mon Nov 07, 2016 8:15 pm
Posts: 5
Attached;


Attachments:
File comment: My car is Burgandy, it was a cloudy day, my shirt was black, seatbelt is very dark grey, no it was not hanging, the seatbelt in my car sits adjacent to the middle panel in between the doors, the interior of my car is grey
1.jpg
1.jpg [ 79.65 KiB | Viewed 499 times ]
File comment: This portion of the disclosure states that there is no video evidence.
2.jpg
2.jpg [ 37.87 KiB | Viewed 499 times ]
File comment: This is the disclosure I FedExed and resubmitted after my first trail.
3.jpg
3.jpg [ 130.38 KiB | Viewed 499 times ]
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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Mon Nov 07, 2016 10:54 pm 
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Joined: Mon Nov 07, 2016 8:15 pm
Posts: 5
This is where I pulled over and where the ticket was issued.

No lights were put on.


https://goo.gl/maps/8a8WQ4uhwXx


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Mon Nov 07, 2016 11:13 pm 
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Joined: Tue Aug 16, 2016 10:09 am
Posts: 118
The officer's typed notes say there is no video evidence. You may want to get clarification IN WRITING from the disclosure clerk that nothing is available, then check with the officer and prosecutor again.

As for whether your seat belt was on, it will, unfortunately, be your word against the officer's. It is perfectly legal to remove a seatbelt when driving in reverse. It is perfectly legal to drive without a seatbelt in a parking lot. But the officer's notes show that he felt the seatbelt was dangling beside you.


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Tue Nov 08, 2016 9:43 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1673
The officers notes say TWICE that he saw you not wearing your seatbelt BEFORE you pulled into parking lot.

When it is your word against the officers word, they will always believe the officer over you, unless you have other witnesses that can testify that you had it on.

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+++ This is not legal advice, only my opinion +++


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Tue Nov 08, 2016 8:22 pm 
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Joined: Mon Nov 07, 2016 8:15 pm
Posts: 5
Thanks for the insight,

So obviously the fact that the officer did not document the cloudy weather, got the color of my shirt wrong, and could not have possibly seen my seatbelt dangling (I can take pictures and a video of how the seatbelt hangs), its my word against his, so I better hope he does not show up.

Any advice or instructions on how to proceed in court at my retrial?

Also, is the parking lot (link above) where the ticket was written of any significance? Any guidance on how I can find this out?

He did not put his lights on the way to the parking lot (or at all) if that's the way to go.


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Tue Nov 08, 2016 9:50 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 286
It does not matter where he wrote the ticket...it only matters where the offence occurred...Activating the lights or not has no bearing on any stop


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Thu Nov 10, 2016 10:07 pm 
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Joined: Mon Nov 07, 2016 8:15 pm
Posts: 5
What do people think about applying for a stay?


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Re: Trial Adjourned, No video evidence, Cop will show up
PostPosted: Fri Nov 11, 2016 2:25 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 715
On what grounds ? I don't see anything that would be relevant.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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