Red Light - Fail to Stop (But it was definitely Amber!)

jsherk
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Re: Red Light - Fail to Stop (But it was definitely Amber!)

Unread post by jsherk on

Well it is a good sign that the JP wants time to deliberate. That means that you did at least give him/her something to think about, but it does not mean that you won. Now usually when I have seen this happens, the JP will take 10 or 15 minutes then come back and give decision. So is it strange that JP put it off until January? Well for a POA case, I would say yes it is a little strange. Although for more complex cases, a JP/Judge can put off their decision for quite a while!

When you testify, this is also where you need to mount your defence. When you are on the stand is when you should have submitted reports and photos as this is all your evidence. The other way to get those reports and photos included would have been to use them to question the officer during cross-examination. So if you did not want to testify but wanted that stuff entered, you would have to have gone that route.

For any case laws though, you CAN bring those up during your submissions. You can NOT enter new evidence during submissions, but pointing out case law that support your case is not evidence so this is usually done during submissions.
+++ This is not legal advice, only my opinion +++


RandySolara
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Unread post by RandySolara on

Cops now got video camera , its not easy to win nowadays ! once they catch you legitimately 99% you'll lose


jsherk
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Unread post by jsherk on

It just occured to me that you should read the following case:

R. v. Rijal, 2010 ONCJ 329
http://canlii.ca/t/2c2px

Print a copy out and get a highlighter and go thru it and look for everything referencing the assistance the JP should give a self-represented individual. If you lose the case, you could appeal with one angle being not providing meaningful assistance. For example when you tried to put more evidence in the JP could have offered to put you back on the witness stand but did not make that suggestion to you.

Something to consider anyways.




+++ This is not legal advice, only my opinion +++


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