I was recently charged with stunt 172(1) excessive speeding 100km/h in a posted 50km/h zone. It’s a completely bogus charge as I know for a fact I was not. I didn’t accelerate until the 80 sign. Which is back a bit from the crest of the hill. The officer was driving in oncoming traffic and couldn’t see past the crest.
I’ve already requested disclosure and received it. But I haven’t received all that I asked for, and was told that’s all the officer has given us......that’s not what I requested though.
Anyways.....I’ve taken photos and videos of the area this happened proving that you can not see vehicles in the 50 zone from where the officer was coming from......you can but that’s over a km away on the top of another hill, well out of radar range and plausible visual detection of ones speed. I also have hard evidence in the form of a dash cam recording that the officer has falsified his notes. What his notes say he said and I said do not correspond with what was actually stated on the video.
My car was impounded and my license suspended for 7 days. Resulting in me losing my job and having to pay well over $750 to get my car back. I was already struggling financially and now can not afford to pay my rent this month and retain a lawyer.
What I’m asking I guess is, what should my plan of attack be?
Can I present my evidence to the prosecutor before going to trial and have it quashed right away? Or do I have to go to trial to plead my case?
What can I do about the officer lying? He is supposed to be there for the community is he not? Is that not perjury on his account? If I lie to an officer then I can be charged and potentially incarcerated, should he not be held to the same standards?
Can I take him to small claims court and recover some of the damage he has created with this bogus charge? (Loss of wages, impound fee)
Any advice is greatly appreciated
First, let's recognize that police officers are human and make mistakes. It may be better to proceed with the attitude and mindset that the officer may have been mistaken. If you go into the process "hot" and accusing the officer of lying, no prosecutor is going to want to give you the time of day.
There's nothing wrong with requesting early resolution (if it's offered where you are) and laying your proverbial cards on the table, at least enough of them to show that the officer likely erred. That probably won't be enough, however, for the prosecutor to withdraw the charge. You'll likely have to go to trial, cross-examine the officer on his evidence and present your evidence, while dealing with the prosecutor's cross-examination of you.
It's extremely unfortunate that you lost your job. I can certainly understand your frustration. You will never succeed in Small Claims Court against the officer personally. He was acting on behalf of whichever service employs him; therefore, you would have to sue the police service. You would also likely have to show that the officer was acting maliciously and negligently. I can tell you from the time I worked as a Small Claims Court agent that you won't win those arguments. If you win at trial or the charge is withdrawn, you may want to try to get your job back.
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