I need help, my trial is May 9th, 2011. I am fighting a failure to stop at stop sign, HTA 136(1)(a). My argument is the obstucted view that the officer had. In his notes it said he was in an unmarked cruiser, where in fact her was in a marked cruiser, behind another unmarked cruiser. His view would have been obsrtucted because he was behind the unmarked cruiser, but that is not stated in his notes. Also, the actual ticket says east bound, when I was travelling west bound, this is confirmed by the officer, when he stated that I made a left turn.. I do not know if this makes a difference or not. I took pictures from the position where the officer was parked behind the unmarked cruiser, and clearly there is no way he could detemine whether I made a complete stop at the line. Luckily there was another vehicle parked where the unmarked cruiser was and I parked behind it, putting my vehicle in the same position as the officer's vehicle who issued me the ticket and it is clearly obstructed. The intersection is a pure right angle and with a car parked in front of you, it would be impossible to see what was happening in front of that vehicle...my pictures show this, however the files were too big for me to attach them... I'm hoping that this arguement/pictures is enough to throw the ticket out? I have wasted so much time filing for trail, fist interview, disclosure requests, and now a trail, but I feel that I have to fight this because this charge is unjust and I feel I need to stick up for my rights. Does anybody have any advice they can give me, or am I going to go into the court room and be crushed by the prosecutor?
I need help, my trial is May 9th, 2011. I am fighting a failure to stop at stop sign, HTA 136(1)(a).
My argument is the obstucted view that the officer had. In his notes it said he was in an unmarked cruiser, where in fact her was in a marked cruiser, behind another unmarked cruiser. His view would have been obsrtucted because he was behind the unmarked cruiser, but that is not stated in his notes.
Also, the actual ticket says east bound, when I was travelling west bound, this is confirmed by the officer, when he stated that I made a left turn.. I do not know if this makes a difference or not.
I took pictures from the position where the officer was parked behind the unmarked cruiser, and clearly there is no way he could detemine whether I made a complete stop at the line. Luckily there was another vehicle parked where the unmarked cruiser was and I parked behind it, putting my vehicle in the same position as the officer's vehicle who issued me the ticket and it is clearly obstructed. The intersection is a pure right angle and with a car parked in front of you, it would be impossible to see what was happening in front of that vehicle...my pictures show this, however the files were too big for me to attach them...
I'm hoping that this arguement/pictures is enough to throw the ticket out?
I have wasted so much time filing for trail, fist interview, disclosure requests, and now a trail, but I feel that I have to fight this because this charge is unjust and I feel I need to stick up for my rights.
Does anybody have any advice they can give me, or am I going to go into the court room and be crushed by the prosecutor?
The error involving the direction of travel is not fatal. With respect to your defence, the trick will be convincing the JP that the view that you claim to have had when you went to the place the officer was (the view you took pictures of) is the view the officer had. If he was in a slightly different position or at a slightly different angle, he may have been able to see whether you stopped or not and that may be his evidence. He may say, "I don't care what your pictures show, I could see your vehicle." What are you going to say to that? Just some things to think about.
The error involving the direction of travel is not fatal. With respect to your defence, the trick will be convincing the JP that the view that you claim to have had when you went to the place the officer was (the view you took pictures of) is the view the officer had. If he was in a slightly different position or at a slightly different angle, he may have been able to see whether you stopped or not and that may be his evidence. He may say, "I don't care what your pictures show, I could see your vehicle." What are you going to say to that? Just some things to think about.
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