Hello everyone, I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
Hello everyone,
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
Most likely questions will be along the lines of trying to get her to admit that she was speeding or could have been speeding. Basically if she agrees that she WAS speeding, then she will 100% be convicted of speeding. If she agrees that she could have been speeding (because she can't say for sure that she absolutely was not) then this simply does not help your case at all. It does not really hurt your case either, but it does not help. If she is able to maintain that she absolutely was not speeding all the way thru the cross examination, then this will help your case, but if comes down to the officers testimony (including radar readings) versus her testimony, the JP will most likely believe the officer.
Most likely questions will be along the lines of trying to get her to admit that she was speeding or could have been speeding.
Basically if she agrees that she WAS speeding, then she will 100% be convicted of speeding.
If she agrees that she could have been speeding (because she can't say for sure that she absolutely was not) then this simply does not help your case at all. It does not really hurt your case either, but it does not help.
If she is able to maintain that she absolutely was not speeding all the way thru the cross examination, then this will help your case, but if comes down to the officers testimony (including radar readings) versus her testimony, the JP will most likely believe the officer.
Generally we do not have a client present for trial on a Speeding matter unless they can absolutely and unequivocally state under oath that they were at or below the speed limit the entire time. It is important to keep in mind that these charges are generally issued based on the peak speed of the vehicle regardless of the length of time that the vehicle was at that speed. The disclosure package from the Prosecutor's Office should outline the relevant observations of the Officer.
Generally we do not have a client present for trial on a Speeding matter unless they can absolutely and unequivocally state under oath that they were at or below the speed limit the entire time. It is important to keep in mind that these charges are generally issued based on the peak speed of the vehicle regardless of the length of time that the vehicle was at that speed. The disclosure package from the Prosecutor's Office should outline the relevant observations of the Officer.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
It was heavy traffic and she was in the curb lane frequently slowing or stopping behind vehicles turning into parking lots. The officer's notes state that the speed was obtained at 170 meters, so if I find the next intersection beyond that and have her testify that she was not speeding from that intersection until being pulled over, it should be sufficient?
It was heavy traffic and she was in the curb lane frequently slowing or stopping behind vehicles turning into parking lots. The officer's notes state that the speed was obtained at 170 meters, so if I find the next intersection beyond that and have her testify that she was not speeding from that intersection until being pulled over, it should be sufficient?
It's really not a good idea to have her testify. Have you received disclosure? If so please post it so we can better assist you. How does your wife know she wasn't speeding?
It's really not a good idea to have her testify.
Have you received disclosure? If so please post it so we can better assist you.
It also sounds like the officer was using Lidar, which will give a range to the target. It's advantage is that the officer can pick out a single vehicle in heavy traffic which appears moving faster than the others.
It also sounds like the officer was using Lidar, which will give a range to the target. It's advantage is that the officer can pick out a single vehicle in heavy traffic which appears moving faster than the others.
The disclosure is just a simple form the officer fills out when operating a speed trap. It has road conditions, laser test times, vehicle information (make/lane/speed). It looks to be all in order except that it is not noted that the device passed or failed the tests. I also received the testing pages for the laser device in which it states to note several items from the tests, so I will be questioning the officer's "usual practice" (http://www.canlii.org/en/on/oncj/doc/20 ... cj266.html). She knows she wasn't speeding because it was heavy traffic in a shopping area. She was in the curb lane and there were multiple vehicles slowing down to turn into parking lots. In fact just before she was pulled over she had to stop for several seconds behind another stopped vehicle. True, but this officer was standing on the opposite side of a four lane road, so there were three lanes of traffic between him and the car. The lidar is capable of measuring speed of both approaching and receding vehicles and the direction of measurement is also not indicated on the notes. The car is a sedan so it would be obstructed by almost any other vehicle. A mistake was made, but this was a speed trap ticket farm so the facts really don't matter that much. I plan to point out as many mistakes as I can and hope for the best, but I expect to lose so I won't be surprised if a conviction is entered. I do know of one case (http://www.canlii.org/en/on/oncj/doc/20 ... ncj77.html) wherein an acquittal was entered solely due to the defendant's testimony. Our insurance is going to increase whether she gets convicted at trial or pleads guilty to a reduced speed so I see no harm in trying.
lolwut wrote:
It's really not a good idea to have her testify.
Have you received disclosure? If so please post it so we can better assist you.
How does your wife know she wasn't speeding?
The disclosure is just a simple form the officer fills out when operating a speed trap. It has road conditions, laser test times, vehicle information (make/lane/speed). It looks to be all in order except that it is not noted that the device passed or failed the tests. I also received the testing pages for the laser device in which it states to note several items from the tests, so I will be questioning the officer's "usual practice" (http://www.canlii.org/en/on/oncj/doc/20 ... cj266.html).
She knows she wasn't speeding because it was heavy traffic in a shopping area. She was in the curb lane and there were multiple vehicles slowing down to turn into parking lots. In fact just before she was pulled over she had to stop for several seconds behind another stopped vehicle.
Decatur wrote:
It also sounds like the officer was using Lidar, which will give a range to the target. It's advantage is that the officer can pick out a single vehicle in heavy traffic which appears moving faster than the others.
True, but this officer was standing on the opposite side of a four lane road, so there were three lanes of traffic between him and the car. The lidar is capable of measuring speed of both approaching and receding vehicles and the direction of measurement is also not indicated on the notes. The car is a sedan so it would be obstructed by almost any other vehicle.
A mistake was made, but this was a speed trap ticket farm so the facts really don't matter that much. I plan to point out as many mistakes as I can and hope for the best, but I expect to lose so I won't be surprised if a conviction is entered. I do know of one case (http://www.canlii.org/en/on/oncj/doc/20 ... ncj77.html) wherein an acquittal was entered solely due to the defendant's testimony. Our insurance is going to increase whether she gets convicted at trial or pleads guilty to a reduced speed so I see no harm in trying.
Good for you for wanting to go all the way! If you haven't already read these threads, they might be helpful: http://www.ontariohighwaytrafficact.com/topic7039.html http://www.ontariohighwaytrafficact.com/topic7041.html
Good for you for wanting to go all the way!
If you haven't already read these threads, they might be helpful:
One more question - what should I do if during trial it comes up that I was only disclosed half of the officer's notes? I am suspecting that he didn't know how to use a photocopier properly so the page of notes is cut off.
One more question - what should I do if during trial it comes up that I was only disclosed half of the officer's notes? I am suspecting that he didn't know how to use a photocopier properly so the page of notes is cut off.
I would object if the officer tries to say/read something that was not in the notes you were provided. Actually at the beginning of the trial when the officer first takes the stand, the prosecutor will ask him a few questions about his notes and then ask permission from the JP to be able to use them. The JP should ask you if you have any questions about the notes first, and you can say "how many pages of notes are you planning on referencing? what page numbers?" Then if officer states more than what you were given you can say "well I only got copies of these pages X, Y, Z but I did not get copies of A, B, C so I am okay if he uses X,Y,Z but I am opposed to him using A,B,C"
I would object if the officer tries to say/read something that was not in the notes you were provided. Actually at the beginning of the trial when the officer first takes the stand, the prosecutor will ask him a few questions about his notes and then ask permission from the JP to be able to use them. The JP should ask you if you have any questions about the notes first, and you can say "how many pages of notes are you planning on referencing? what page numbers?" Then if officer states more than what you were given you can say "well I only got copies of these pages X, Y, Z but I did not get copies of A, B, C so I am okay if he uses X,Y,Z but I am opposed to him using A,B,C"
I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
Realistically, it's difficult to know whether there might be "missing" pages. Instead, if the officer happens to state something that's not in the notes you've received, you could then question the officer as to where in his notes that evidence is shown. If it's on a page that has not been disclosed, you can then object. The officer may claim that he remembered that fact independently. Remember...the officer's notes are not evidence; they are simply there to help him refresh his memory. However, if he suddenly "remembers" something that's not in his notes and is not otherwise "routine," you could then ask him questions that would challenge his independent recall of other things (how many people were in the car, the weather, etc.).
Realistically, it's difficult to know whether there might be "missing" pages. Instead, if the officer happens to state something that's not in the notes you've received, you could then question the officer as to where in his notes that evidence is shown. If it's on a page that has not been disclosed, you can then object. The officer may claim that he remembered that fact independently. Remember...the officer's notes are not evidence; they are simply there to help him refresh his memory. However, if he suddenly "remembers" something that's not in his notes and is not otherwise "routine," you could then ask him questions that would challenge his independent recall of other things (how many people were in the car, the weather, etc.).
It did say page 1/1 so without examining the original it would not really be possible to tell. I didn't realize the defense can examine the officer's notes that he brings to the stand. Anyway, I now believe that it was not cut off and that the officer didn't test the device before his shift ended. The prosecutor decided to withdraw the charge after speaking with the officer. I didn't ask why but in my opinion that could be the only reason as they were seeking adjournments for other cases that had absent witnesses. From what I can gather this was a speed trap with one dedicated laser operator and three ticket dispensers. Kinda makes me feel bad for probably hundreds of people who got invalid tickets that day but still paid them!
Decatur wrote:
I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
It did say page 1/1 so without examining the original it would not really be possible to tell. I didn't realize the defense can examine the officer's notes that he brings to the stand.
Anyway, I now believe that it was not cut off and that the officer didn't test the device before his shift ended. The prosecutor decided to withdraw the charge after speaking with the officer. I didn't ask why but in my opinion that could be the only reason as they were seeking adjournments for other cases that had absent witnesses.
From what I can gather this was a speed trap with one dedicated laser operator and three ticket dispensers. Kinda makes me feel bad for probably hundreds of people who got invalid tickets that day but still paid them!
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
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…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…