* The intersection is obstructed by a panel advertising for bus shuttles. The down side is that I did not submit pics and I might not have the time to do so between now and Fri when I go in court
* when I received the officer notes, I noticed an interesting thing. He made notes on the back of the ticket with a thin pen. The notes are a drawing of a wheel with plastic hub cap and a "statement" of mine, which I apparently gave when he pulled me over. As follows: " sorry I can't make the turn, I did not see the sign for red light.
Explained not stopping"oh Im sorry I guess I didn't".
Besides being completely idiotic, I also never made such statements. I was in a state of shock and did not say anything except that I did stop and that he must have not seen me as the panel blocks the intersection.
When I was in court in Nov and he gave me the notes, I asked him about the drawing and he said it is my wheel as he needs to make sure he remembers who he pulls over and the details of their car. He also said that I admitted to the offence which is a "pretty big deal". I smiled, did not say anything and walked away. Now, when he gave me the ticket, there was nothing on the front of the ticket except the standard info:name, infraction, set fine. But in Nov, when he gave me the copy of the ticket with the back and his notes, the front of the ticket had notes in the same thin pen writing as on the back- the drawing + "my statement". Which means he added this notes after I left. Which means they could have been added long after that date and subject to recollection. Which might not be exact.
Could you please tell me if this is worth pursuing? He must have had 40 ppl pulled over on that date(they all showed up in court in Nov and pleaded guilty to a lesser offence). How can he be sure of what my statement was if he added stuff on the ticket after I left? How can I be sure it was added right away and not a month later? even a day later, with all those tickets given...
I am rambling, sorry. Could you please bring some light to this?
Note are qualified during testimony with a version of the following statement" The notes were made at the time of the stop or shortly thereafter by me and are to help refresh my memory but I do have an independent recollection"
The officer will testify when the notes were made.
One more issue: if I go in front of the JP and still found guilty, do they have the practice of reducing the fine/ points based on clean record, first offence, etc?
Can I ask for it?
Contrary to what people seem to think we make our notes after . If we forget or get busy we do not create a set. All that happens is we tell the prosecutor we have no notes and ticket is withdrawn, not a big deal.
Once we are done with a stop we do not think about it down the road and go"Oh I forgot about that" and add them. We pretty much move on and do not think about them until court date or a request for notes.
But what I do not get is how come when I took copies of the back of the ticket, as part of the disclosure thing, the FRONT of the ticket also had inserted notes on ( such as "lead, followed by a toyota campy", some notes about the weather". If he had written the notes on the sopt I should have gotten the same notes on my ticket but I didn't. which makes me think: when did this guy write the notes? and if he pulled over 40 people that way, isn't it easy to mix my "statement and admission of error(which I never made) with someone else's?
I am just trying to see if that would stand in court as a valid argument. I do not what to make a fool of myself
We stop many people and for the most part do not think or dwell on the court outcome. I do not care if the charged is found guilty or not. It really has no bearing on me or my job. I get that it is the most important part of your day but to us it is not to us. You are just part of the people we deal with. We have a job to do and this is part of it.
Please, any suggestions welcomed. Thank you.
Your only choice to get a reduced charge is to plea-bargain with the Prosecutor prior to the trial. They will usually offer you a reduced charge of something like Fail to Proceed as Directed, or something of the sort. This will give you fewer points and a lower fine. If the officer does not show up, they will probably drop the charge.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
http://www.OntarioTicket.com OR http://www.OHTA.ca
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