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Failure to stop at red light turning right
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PostPosted: Mon Mar 20, 2017 10:37 am 
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I received a ticket for failure to stop at a redlight before turning right. I have been notified by prosecution that the video evidence is not available because it takes 2 months to process and my trial date is before that.

My question is can I ask the officer questions about their statement of events, which are very vague and then ask for the trial to be adjourned until I have seen the video evidence or must I request the trial to be adjourned at the beginning and ask questions after I have seen the video evidence?


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 11:25 am 
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From My Understanding, You can only request an adjournment before the trial starts, since that's what your adjourning. I don't believe you can question the officer pre-trial.


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 11:51 am 
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Don't be surprised if the prosecution asks for an adjournment. It sounds like the prosecutor knows or senses his case hinges on the video evidence. If I were in your shoes and the prosecutor didn't ask for an adjournment, I'd roll the dice and go for it. I'd ask the officer to describe in detail where he was positioned, how far he was, how he determined I hadn't stopped, etc. If his notes, as you suggest, are vague, it should be relatively easy to punch holes in his story.


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 12:58 pm 
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Thanks for the replies. After the officer gave me the ticket for turning right on a red light i went on a way to work. When I got to work I looked at the papers he gave me I realized the officer had given me a second ticket for an 'Expired Permit'. The officer didn't mention anything about this ticket and besides that my permit was valid. The officer did tell me that I had been video recorded from his vehicle and our conversation was being recorded from the microphone on his jacket. However, the disclosure received says there is only video and no audio recording available.

Therefore, I was going to go to court and ask for both violations to be thrown out based on the false charge and thus lack of credibility of the officers statements. However, I don't want to put forward this motion, if the judge doesn't agree and I'm denied adjourning the trial for the red light ticket. Any thoughts would be much appreciated.


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 2:19 pm 
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You certainly won't get the charges thrown out. Was your permit expired? If not, bring it on the date of the trial and show the prosecutor it had been issued before the day the officer stopped you. The prosecutor should withdraw that charge at that point. As for the right turn charge, it's up to you to show the officer lacks credibility. A JP will typically take an officer's testimony at face value unless it can be shown that the officer's testimony is unreliable, inconsistent, etc.

Did the disclosure actually include the video? Or did it just reference it? As I mentioned the first time, the prosecutor will probably seek an adjournment to get you the video. Another possibility is the prosecutor will hand you a DVD just before the trial. If so, make sure you advise the JP that the Crown just handed you additional disclosure and that you need time to study it so you can make a full answer and defence. To do so, you will need an adjournment. Make sure the JP notes the adjournment as attributable to the Crown. It's also possible the prosecutor will be prepared to go to trial without the video. You then have to decide what you want to do (see my first post).


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 2:32 pm 
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My permit was not expired, so the officer made a false charge. The disclosure stated that there was "video evidence of the offence". However, I was informed that the video would not be available until the trial date because of the time needed to process the video.


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 3:03 pm 
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Bring the permit with you to show it was not expired. The prosecutor should withdraw that charge. As for the video, you'll have to wait until the trial date to see what the prosecutor does. Be prepared for one of the scenarios I described.


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 3:05 pm 
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Ok. Thanks.


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Re: Failure to stop at red light turning right
PostPosted: Mon Mar 20, 2017 3:53 pm 
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zouk wrote:
Therefore, I was going to go to court and ask for both violations to be thrown out based on the false charge and thus lack of credibility of the officers statements. However, I don't want to put forward this motion, if the judge doesn't agree and I'm denied adjourning the trial for the red light ticket. Any thoughts would be much appreciated.


No this won't work. But if your permit was not expired, then bring proof and that charge should get withdrawn.

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


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