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 got a speeding ticket in a speed trap for 66km/h in a 50km zone, which i do not beleive i was going that speed. I was in the right lane, and there was another vehicle in the left lane, and the officer pulled both of us over. When the officer approached my vehicle and asked for my licence and registration he mentioned that he clocked me at 66km/h and the other vehicle to my left at 72km/h. I…
I was hit while driving. It was the other guy's fault and he was charged with careless driving.
I have just received a "summons to witness". The summons threatens all sorts of dire consequences if I don't show up to court.
The problem is that I don't want to show up to court. Besides being difficult for me, the other driver is an acquaintance, and I would rather not see him get into trouble. His…
I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
The second court date no video disclosure, I asked the…
Today I received a speeding infraction on shoreham drive near York University. A speed trap had been setup.
The infraction is 63 in a 40 as the officer stated it was a school zone. Also the insurance card that was in the glove box (parents car) was expired so a further infraction was issued. The officer stated that since I was a student he would cut me a break if I…
I've been stopped and fined for driving holding a communication device.
The first thing the officer said was "you were texting". I was actually in a conversation in a hands free mode (speakerphone):
"Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2."
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming school bus initiates the lights while approaching the intersection, but is still moving and has not come…
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
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I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
Hey everyone, sorry if this is the wrong section for this (i'm a new user )
Well today as I was coming home from class, I was travelling at about 116-118 and police officer was driving in the express holding up traffic and I didn't really see him. So as I go to pass in the middle lane we started going down a slight hill (before the service centre on townline exit); I didn't want to apply my…
I am new to the forum and am hoping for some guidance from forum members. Having recently been charged with Stunt Driving (speeding 157 in 100 zone on Hwy 407) and received a summons (for about a month from now), I had the following questions that I would be gracious for some feedback:
a) what is the actual process for next steps? My understanding is that when I appear at the summons, it is not a…
I currently drive a honda civic, with tinted windows. It is 35 % in the front and 20% in the back. however, i got a ticket due to a police officer said the front tints were to dark and he could not see me (at 4 pm, broad day light). Is this ticket unnecessary? and what is the legal limits?
The ticket said: Colour coating obscuring interior
I got a ticket for obstruct plate on morning of Feb 4 2009. I was driving in front of a police officer who was wearing sun glasses. He pulled me over and insisted he cannot see my plate but it was just some dirt or salt. Is it possible for me to fight the ticket? Also I went on york.ca to check the ticket but it says that the offence not found. It has been over 10 days since i got the ticket so I…
Was charged with not stopping for stop sign that I believe I stopped. I have searched the section number on the Internet and find no results for that charge. I have found HTA 136 1 A and HTA 136 1 B so what is HTA 136 1 9?
Is anybody interested in CVSA or commercial motor vehicle stuff? This was my specialty in policing. I can write some articles about weights, measures, documents, etc, if there's an audience for it.
We have a vehicle which needs to go to a repair shop before it can be licensed. The shop is 10km away. Can a licensed vehicle tow it to the shop? We are hoping to avoid paying for a lift truck to transport it.
Along the same lines, would the laws be different if a farm tractor or other slow moving vehicle were doing the towing? This is a rural property.
I had a perfect driving record. I am in the process of applying for a really good job that takes about year to go thru the application process. One of the conditions is to have a perfect driving record - spotless.
I got a ticket for "operate motor vehicle, no valid tag". The plate was expired. I was driving someone else's vehicle as a favour to them.
Both tickets can be dropped by prosecutor, because I got these tickets before and they just dropped it, when I showed a picture that I put my plate back on and I got the insurance slip.
I set a court date to fight the tickets, because I did not have time to meet with prosecutor. I…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
found this resource online, wanted to ask a few questions
I have my trial today, march 3rd in TOronto East
I got a speeding ticket APril 6th 2009 at 1:12am East bound on the BLoor Viaduct, 74 in a 50, officer was using Lidar and ran out in the middle of the street to stop me
the trial date is today.
I already have filed for an 11b a few weeks back by serving the prosecutor and mailing the…
Ok story starts as this. I admit, I wasn't the smartest!!! lol
I was helping people move on saturday, had a few drinks. Went out for a night dinner with the wife for date night, had a few more drinks at dinner... but nothing extreme. Got home felt tired and we had people coming over so I downed a Red Bull, first stupid mistake, then after they left i went to the bathroom and fainted, was…
Here's the situation. I entered the 401 heading east. After a minute or two I was on the left lane a few car-lengths behind a marked cruiser. He was driving annoyingly slow in the left lane, maybe 110km/h, even if that. (I saw something in the HTA that slower traffic must keep right according to the current flow.) That's why I thought it was 'safe' to pass him. After about 20 or so seconds…
So I have an vehicle which I don't drive over the winter. My birthday is in November. So, to save some cash flow before Christmas, in November 2018 I chose not to buy a sticker, knowing full well that when spring came I would still need to pay the $120 for the period November 2018 - November 2019.
Fast forward to last week, now we finally have some decent weather, I go to the ServiceOntario…
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…
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