Here is my story. I pulled out to pass two vehicles in my car. It was raining and I was going downhill. As Im passing I look in my mirror and a van is coming up behind me to pass also. I look ahead and an OPP car is coming at me. I pull in front of the lead car to complete the pass, as does the van. I slow down to 90 and continue. I looked in the mirror and see the OPP car pulling a u-turn with his lights on. The OPP car has to also pass the two cars that I passed. About two Kms down the road the OPP car pulls both the van and I over. Two officers in the car. One comes to me and the other goes to the van. The officer said that I was speeding. I explained that I was passing a vehicle downhill and being pushed by the van. The officer said he locked the speed unit at 123 km/hr in an 80 zone. I asked if it was the van or me going that speed. He replied that we were both speeding. I questioned how he could get two readings at the same time. He explained that he could with this unit by resetting it and getting another reading. The officer was getting angry and said that he clocked me at 134 Km/hr and that I was lucky that he didnt impound my car. After the officer gave me the ticket I went back to the cruiser to confirm the speeds that he told me. When I again asked him if it was me or the van going that speed he replied "Both".
I have my court date set and have asked for disclosure. Can anyone point me to some case law to defend myself from this overzealous and wrong officer.
Start by requesting disclosure and seeing what both officers notes say. Once you see what their evidence is, you can start working on a defence.
It's not an easy process but there are plenty of sites out the with detailed instructions on how to do it.
8 months is not unreasonable.DVP160 wrote:try for a charter of rights defence if your new trial date is over 8 months from the date of your offence.
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