Here's a question. There is a school of thought that says if you were speeding even a little bit, then as a defendant, you shouldn't put yourself on the stand. What if you were qualified to be an expert witness? Could you put yourself on the stand as a radar expert or accident reconstruction guy or automotive engineer? Could you put yourself on the stand to give testimony in those areas but not put yourself on the stand to testify about the driving? That seems a little irregular to me. Might make the judge scratch his head.
Here's a question. There is a school of thought that says if you were speeding even a little bit, then as a defendant, you shouldn't put yourself on the stand.
What if you were qualified to be an expert witness? Could you put yourself on the stand as a radar expert or accident reconstruction guy or automotive engineer? Could you put yourself on the stand to give testimony in those areas but not put yourself on the stand to testify about the driving?
That seems a little irregular to me. Might make the judge scratch his head.
When you put yourself on the stand you open the door to all sorts of questions. So to assume you will be asked one set of questions and not another would be somewhat unrealistic. The question is, what type of an expert do you consider yourself to be? And assuming the JP agrees with your opinion of you being an expert, can you navigate through the rest of the questions asked without perjuring yourself? At the end of the day, as a driver, in the real world, the truth is, some times you need to accelerate in order to avoid a collision, breaking is not always the right solution, granted this is a very small percentage of the time, but it does happen. However, in the view of the law speeding is an absolute offence and never OK.
When you put yourself on the stand you open the door to all sorts of questions. So to assume you will be asked one set of questions and not another would be somewhat unrealistic.
The question is, what type of an expert do you consider yourself to be? And assuming the JP agrees with your opinion of you being an expert, can you navigate through the rest of the questions asked without perjuring yourself?
At the end of the day, as a driver, in the real world, the truth is, some times you need to accelerate in order to avoid a collision, breaking is not always the right solution, granted this is a very small percentage of the time, but it does happen. However, in the view of the law speeding is an absolute offence and never OK.
@rank - Another good question I don't know the answer too! I am inclined to believe that once you are on the stand, regardless of the reason you got on it, then they can ask you anything and you must answer truthfully. So I don't think you can be on the stand as an expert witness only but not as the driver. I could be wrong on that, but that is just my thoughts.
@rank - Another good question I don't know the answer too!
I am inclined to believe that once you are on the stand, regardless of the reason you got on it, then they can ask you anything and you must answer truthfully. So I don't think you can be on the stand as an expert witness only but not as the driver. I could be wrong on that, but that is just my thoughts.
Can I compel a witness to appear in court? Example: I want the Crown to disclose the certain mechanical aspects of the police car. They will likely refuse. Can I summon the mechanics that work on the police cars? Example: I want the testimony of an accident reconstruction specialist but I don't want to pay for one. Can I summon the detachment's resident specialist?
Can I compel a witness to appear in court?
Example:
I want the Crown to disclose the certain mechanical aspects of the police car. They will likely refuse. Can I summon the mechanics that work on the police cars?
Example:
I want the testimony of an accident reconstruction specialist but I don't want to pay for one. Can I summon the detachment's resident specialist?
You can compel someone to attend if they are an actual witness to your offence, but not to give expert testimony.
rank wrote:
Can I compel a witness to appear in court?
Example:
I want the Crown to disclose the certain mechanical aspects of the police car. They will likely refuse. Can I summon the mechanics that work on the police cars?
Example:
I want the testimony of an accident reconstruction specialist but I don't want to pay for one. Can I summon the detachment's resident specialist?
You can compel someone to attend if they are an actual witness to your offence, but not to give expert testimony.
I've searched and either I'm not hitting the key words or the topic hasn't been touched on before (which I doubt, but anyway...)
Just curious how long a HTA conviction stays on record (both on MTO and insurance) and does the "clock" start from the offence date or conviction date?
I recently hit a van from behind, at a busy cross section. The reason was my lunch bag and coffee dropped to floor with a 'bang', so I did not fully stop. The police came and charge me with HTA 130 (careless driving), is this too much for me?
BTW I did not mention the coffee thing to the police since I thought this would only involve insurance company (I was hit by somebody a few years ago, the…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even more) and many other places but I still have some specific questions and some general ones I didnt…
Hi There , I need some direction and Im hoping that someone can point me there. I am 7 years into a lifetime suspension for 3 DUI's back in another life. About two years ago I started emailing the powers that be... ie , the Minister of Transportation , the judge that convicted me , ect ,,,,ect..... A friend of mine in the program , ( lawyer ) gave me some hope with a tribunal for appeals in…
Recently I was cited for speeding 105 km/h in a 60 km/h zone. I have two problems, firstly I am 18 and have my G2 (insurance is already expensive) and although I will likely have my G by the time this is resolved I want this to have the least impact on my insurance possible. The second and more important issue is that the officer who alleges I was speeding did not catch up to my car until I was…
I received a 141(5) left turn violation for an accident.
I was making a left turn across three lanes of traffic. The nearest two lanes were stopped for a traffic light up ahead of them and behind me. The third lane was a "right turn only" lane. As I made the turn, I saw a car pull out around the stopped traffic and enter the "right turn lane", so I stopped with my nose in the lane, but instead of…
Hi everyone I just received a ticket for parking the wrong way on the street in front of my house. There is not sign saying I have to park a certain way and I have been unable to find anything that says you have to park in a certain direction.
SO can anyone help me, I think I want to appeal the ticket but would like some advice to see if I am way off the watt with this one, or should I per sure…
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im posting here. if anyone cares to take 5min and post your thoughts i would be delighted.
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…
I received a ticket on Hwy 6 North in Guelph going 90 km/h in a posted 70 km/h zone. I was clocked at 110 km/h and the officer reduced it to 90 km/h.
I requested for disclosure back in February 8th , after I received notice of trial for March 8th. The disclosure package did not get mailed, and when I went to the court on the day of trial, the clerk informed me that she had just…
I was driving past the ACC today in heavy traffic trying to eventually make the turn to go right to start my trek onto the gardiner. I had my Phone in my lap I was using it for GPS when I hear a knock on my hood. A police officer was just walking through the gridlock traffic to see who was on their phone. He immediately asked me to roll down my…
My case is a pretty 'common' one, I suppose. Nevertheless, I would like to read ideas and do some brainstorming: yesterday, after going out for dinner (about 11:00 PM ET in Oshawa) and while driving back on King Street North I noticed a police patrol following me closely. I did not attempt to speed away or anything. I simply continued my driving observing all precautions. Upon…
Hi, I'm new to this site, everyone seem really helpful to new members here. So here goes nothing.
I'm a G2 driver, aged around 20ish, male.
I got a ticket at around noon at intersection Markham road and Progress ave while I was driving my mother to work. I was going southbound on Markham road, I was going at about 70-75, I saw the approaching light and it was turning yellow and I decided to run for…
I got a speeding ticket today while I was at a stand still.
I had to stop as there was an elderly gentleman walking accross the left lane I was in. I could clearly see the speed trap up the hill as well as the en-mass brake lights from the vehicles ahead. I then accelerated up the hill and watched the speedometer. I never went above 60KM/H, speed limit is 50 I know but I'm trying to be honest.…
I'm new to the forum, and i'm not in the greatest situation...
I remember seeing a bright flash early in the morning a few weeks ago, and today i got a letter in the mail saying i ran a red light.
The problem is that i dont own the car, its my moms, and if she finds out i got the $325 dollar ticket il gonna get killed. I was lucky enough to have checked the mail today, and intercepte the…
A couple nights ago I was driving in the rain. I was at a 3 way intersection waiting to make a left turn. When i got the advanced green (may have just been a green light) I went and I didn't see any pedestrians. I proceeded to go but at the very end of my turn I saw someone walking towards my car. I abruptly stopped and triggered my abs brakes. When that happened it was too late, the pedestrian…
I've searched for hours looking for a similar situation to mine on a number of forums, and I couldn't come up with anything close. I know I need to file for disclosure tomorrow (my court date is October 7th), and plan to do so regardless of what else I end up doing, but I could really use some help with this one.
I was arrested on private property after being watched and stalked for over two hours…
I was driving down a two lane road, in the left lane. As I approached a construction zone, the two lanes merged into one. There was a sign that said the right lane ends, BUT this sign was incorrect. It was the left lane that ended.
Unfortunately I was driving according to what the sign said, and improperly continued into the right lane. This lead to me almost colliding into a bus.
I was given a ticket fail to obey stop sign. I was too far back from the white line. He has it on video that I was not at the white line - but he could not see exactly how far behind the white line I was because a big pine tree was in the way. It was dark, and I have a black car.
There was a car in front of me that duped me because he stopped - then pulled forward and stopped again - he was…
I got a speeding ticket back in June which I pleaded not guilty to. My main reason being that the ticket states that I committed the offence of driving at 129 km/h in a posted 90 km/h. But it was on Hwy 400 and I know it is 100 km/h.
My court date has been set. Maybe I should have researched more because reading some of these threads I see that this is not a fatal error and can be corrected in…
Hi Guys, my court date is Sept 28, 2015. Need help on whether I should plea or not. I got no evidence that I had stopped and will just be representing my self. Cop says I was speeding and ran a red light on a right turn. Both cases I told the cop I was aware of my driving and came to a stop / wasn't speeding. He issues me a caution ticket for going 120km and a ticket for fail to stop red light.…
I just had an experience where I had a cyclist ride off of the sidewalk in front of my car at a corner. I managed to stop, she went by me. She was looking backwards screaming at me and lost her balance, mostly due to the grocery bags on her handle bars. She fell in the other lane. I got out to see if she was okay. She had a scraped knee, but was fine. She said she was okay so I left. The police…
