Speeding in Algonquin

argyll
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Re: Speeding in Algonquin

by: argyll on
Wed Mar 02, 2016 5:51 pm

Exactly that. I was expected to be able to give the basics of the incident from memory but could refer to notes for specific details like verbatim statements, times, etc etc.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


DjDATZ
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by: DjDATZ on
Wed Mar 02, 2016 5:58 pm

argyll wrote:Exactly that. I was expected to be able to give the basics of the incident from memory but could refer to notes for specific details like verbatim statements, times, etc etc.
And what would happen if there was something you didn't recall from memory, didn't note, but the defendant/representative is bringing up? Is it then a matter of your word against there?


jsherk
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by: jsherk on
Wed Mar 02, 2016 10:22 pm

So looking at the disclosure, there is no mention in the officers notes of the information you gave.

So for somebody who is really good at cross-examination, this could be a good thing and they might be able to bring in reasonable doubt to officers testimony over losing sight of vehicle for several minutes. The downside is that you do not know how the officer will testify when asked about these events. If officer agrees then great, but what if the officer says "no I never lost sight", well now you have a problem because if you and girlfriend testify to refute his testimony, you must answer truthfully while on the stand so all prosecutor has to do is ask her "were you speeding?" and she has to say yes and you have pretty much lost.
+++ This is not legal advice, only my opinion +++


argyll
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by: argyll on
Thu Mar 03, 2016 2:28 am

I think a better strategy would be to continue your cross along the lines of getting the officer to describe the road, bend etc to see if you could introduce doubt as to the 'did lose sight' testimony. Officers may make errors but don't generally lie on the stand.

When I was instructing at the Academy, I always stressed that it is not an officer's job to get a conviction, just to relate the facts. If the facts result in someone being acquitted then so be it.

Certainly in any office I've worked someone deliberately giving false information on the stand would be a big - a HUGE - deal and that officer's career would be very short. I do read on here from time to time that officers lied on the stand but I suspect that is more that their testimony simply doesn't match exactly to the recollection of the accused. Two people being shown the same scenario and asked about it seconds later will recall it slightly differently. Lying on the stand is a big accusation. Has it happened ? Yes. Will it happen again ? Sadly I suspect yes. But it is very very far from the norm.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !




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