Hello everyone, I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated. Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this? Thanks in advance for your help.
Hello everyone,
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
If the event happened long ago, many officers don't remember exactly what happened unless there was something unique that jolts their memory. They pretty much count on their notes. He possibly make an error or he may have differrent interpretation of what's on the note, you may want to post more details, Hiway Bear may be able to help you to interpret it from a police officer's perspective. If the officer testimony and his note don't add up, it's resonable doubt.
If the event happened long ago, many officers don't remember exactly what happened unless there was something unique that jolts their memory. They pretty much count on their notes.
He possibly make an error or he may have differrent interpretation of what's on the note, you may want to post more details, Hiway Bear may be able to help you to interpret it from a police officer's perspective.
If the officer testimony and his note don't add up, it's resonable doubt.
Thanks liveonetheedge. This happened about 8 months ago and considering how many people the officers stop on a daily basis I don't know how their "recollection" can be trusted if the facts change from what was written at the time. My opinion however, don't know whether court sees it that way. This was an amber light ticket, the officer was monitoring an intersection at night. Mentions that my car was 15m away from the intersection when it turned amber. Also mentions specifically that "in the middle of intersection it turned red". This is a 50km/h street. I have calculated the distance of the intersection from the stop line to the first white line of the other side it is 28.5m. How I did this? Through google maps satellite. They have a scale that can be converted to distances by simple measuring. If I do my calculations at going 50km/h; distance away from white line of other side is 28.5m+15m=43.5m. The amber light is 3s minimum (should be 3.2s at this speed limit but I'll calc at the minimum). I would have only been about 2m away from the white line of the intersection when it turned red, not in the middle of the intersection. Additionally, the officer says I sped up from 50-70 to run the yellow light. Well, now this is even worse, if I sped up and let's say was going at 60/h average, I would have been clear of that intersection way before it turned red and he should have given me a speeding ticket. Mind you, my notes from after the fact tell a different story regarding speed and distance. I did speed up but only a little and I think that is why he came after me for the amber light ticket, due to the speeding up. Does this make sense? Even though these distances and speeds are approximations from the officer, "the middle of the intersection" would be a gross approximation compared to 2 m away. What do you guys think? Thanks again for reading the long post and giving your opinions.
Thanks liveonetheedge. This happened about 8 months ago and considering how many people the officers stop on a daily basis I don't know how their "recollection" can be trusted if the facts change from what was written at the time. My opinion however, don't know whether court sees it that way.
This was an amber light ticket, the officer was monitoring an intersection at night. Mentions that my car was 15m away from the intersection when it turned amber. Also mentions specifically that "in the middle of intersection it turned red". This is a 50km/h street.
I have calculated the distance of the intersection from the stop line to the first white line of the other side it is 28.5m. How I did this? Through google maps satellite. They have a scale that can be converted to distances by simple measuring.
If I do my calculations at going 50km/h; distance away from white line of other side is 28.5m+15m=43.5m. The amber light is 3s minimum (should be 3.2s at this speed limit but I'll calc at the minimum). I would have only been about 2m away from the white line of the intersection when it turned red, not in the middle of the intersection.
Additionally, the officer says I sped up from 50-70 to run the yellow light. Well, now this is even worse, if I sped up and let's say was going at 60/h average, I would have been clear of that intersection way before it turned red and he should have given me a speeding ticket.
Mind you, my notes from after the fact tell a different story regarding speed and distance. I did speed up but only a little and I think that is why he came after me for the amber light ticket, due to the speeding up.
Does this make sense? Even though these distances and speeds are approximations from the officer, "the middle of the intersection" would be a gross approximation compared to 2 m away.
What do you guys think? Thanks again for reading the long post and giving your opinions.
The officer is required to have independent recollection of the events. The notes may "jog his memory" but he cannot simply read the notes. He must remember. Which means he could remember things differently than what's written down. Amber lights are a tricky thing. You are required to stop. If you can't, then slow down and proceed with caution. People speed up which is the wrong thing to do. Slowing down will likely result with you being in the intersection when the light turns red. This is a "natural consequence" of you doing what the HTA requires you to do. Now here's the dilemma. At 15m before the intersection at 50km/h, that's about one second before you are in the intersection. If you sped up, you should have cleared the intersection. If you slowed down, you should have been in the middle of the intersection when the light turned red. Which is it? It can't be both. And that's what you have to press the officer on. Also take a look at R. v. Sandhu which will be your defence in a nutshell. One word of caution. You did not measure the intersection, you measured somebody's photo of the intersection. Your measurements are not credible. Get a tape measure and go there early on a Sunday morning. Then you can say you measured the distance.
The officer is required to have independent recollection of the events. The notes may "jog his memory" but he cannot simply read the notes. He must remember. Which means he could remember things differently than what's written down.
Amber lights are a tricky thing. You are required to stop. If you can't, then slow down and proceed with caution. People speed up which is the wrong thing to do. Slowing down will likely result with you being in the intersection when the light turns red. This is a "natural consequence" of you doing what the HTA requires you to do.
Now here's the dilemma. At 15m before the intersection at 50km/h, that's about one second before you are in the intersection. If you sped up, you should have cleared the intersection. If you slowed down, you should have been in the middle of the intersection when the light turned red. Which is it? It can't be both. And that's what you have to press the officer on.
Also take a look at R. v. Sandhu which will be your defence in a nutshell.
One word of caution. You did not measure the intersection, you measured somebody's photo of the intersection. Your measurements are not credible. Get a tape measure and go there early on a Sunday morning. Then you can say you measured the distance.
Wouldn't this be "reasonable doubt" though to get two different stories from his notes and from his memory? The HTA says proceed with caution, however, there is no mention of slowing down. One can still proceed with caution at the speed limit and in fact, caution can be a subjective word depending on the situation and the interpretation. However, if the light turns red before one makes the intersection it basically means that you had enough time to stop when it became amber. So wouldn't this bury me? If he says I sped up and cleared the intersection, does that mean that I didn't proceed with caution thus the ticket? I am getting really confused now because I thought as long as you clear the intersection on yellow it means you did the right thing. And I understand the implication that one cannot just hit the gas to clear an intersection, but if the speeding is minimal then logically it should be OK, afterall even during normal driving we don't maintain constant speed it fluctuates, 5 above or 5 below should be allowable. If the speeding was 20 over as he stated on the notes, why not give me a ticket? My main concern and point about his notes though is that they just do not add up. If the JP considers this wouldn't it be logical also to consider that maybe he just wasn't observing what happened correctly or maybe wasn't observing it from the beginning thus "reasonable doubt" since his facts are contradicting? I have read the article, thank you for posting it but unfortunately this wouldn't apply to my case. The officer had a clear view of both the west and east traffic lights so he wouldn't need to look to the left when I was on the right, he could have just looked at the traffic light on the right.
ticketcombat wrote:
He must remember. Which means he could remember things differently than what's written down.
Wouldn't this be "reasonable doubt" though to get two different stories from his notes and from his memory?
ticketcombat wrote:
Amber lights are a tricky thing. You are required to stop. If you can't, then slow down and proceed with caution. People speed up which is the wrong thing to do. Slowing down will likely result with you being in the intersection when the light turns red. This is a "natural consequence" of you doing what the HTA requires you to do.
The HTA says proceed with caution, however, there is no mention of slowing down. One can still proceed with caution at the speed limit and in fact, caution can be a subjective word depending on the situation and the interpretation.
However, if the light turns red before one makes the intersection it basically means that you had enough time to stop when it became amber. So wouldn't this bury me?
ticketcombat wrote:
If you sped up, you should have cleared the intersection. If you slowed down, you should have been in the middle of the intersection when the light turned red. Which is it? It can't be both. And that's what you have to press the officer on.
If he says I sped up and cleared the intersection, does that mean that I didn't proceed with caution thus the ticket? I am getting really confused now because I thought as long as you clear the intersection on yellow it means you did the right thing. And I understand the implication that one cannot just hit the gas to clear an intersection, but if the speeding is minimal then logically it should be OK, afterall even during normal driving we don't maintain constant speed it fluctuates, 5 above or 5 below should be allowable. If the speeding was 20 over as he stated on the notes, why not give me a ticket?
My main concern and point about his notes though is that they just do not add up. If the JP considers this wouldn't it be logical also to consider that maybe he just wasn't observing what happened correctly or maybe wasn't observing it from the beginning thus "reasonable doubt" since his facts are contradicting?
ticketcombat wrote:
Also take a look at R. v. Sandhu which will be your defence in a nutshell.
I have read the article, thank you for posting it but unfortunately this wouldn't apply to my case. The officer had a clear view of both the west and east traffic lights so he wouldn't need to look to the left when I was on the right, he could have just looked at the traffic light on the right.
Another discrepancy from the disclosure notes is that officer mentions two cars on road, mentions that other car going 50/hour was 10m away from intersection when light became yellow and completed intersection on yellow. Now, if I was only 15m away from intersection, ie. 5m away from other car and was speeding up wouldn't I have caught up with the other car and complete the intersection on yellow like other car? I specifically recall that I never caught up to the other car even after the intersection but this is irrelevant.
Another discrepancy from the disclosure notes is that officer mentions two cars on road, mentions that other car going 50/hour was 10m away from intersection when light became yellow and completed intersection on yellow. Now, if I was only 15m away from intersection, ie. 5m away from other car and was speeding up wouldn't I have caught up with the other car and complete the intersection on yellow like other car?
I specifically recall that I never caught up to the other car even after the intersection but this is irrelevant.
Wouldn't this be "reasonable doubt" though to get two different stories from his notes and from his memory? See paragraphs 78 &79 of R. v. Hamid, 2008 where the testimony changes over time. On the witness stand, the person remembered the vehicle in a different lane than in his written statement at the time of the accident. The justice will apply "weight" to the testimony. In other words, give it a degree of credibility along with all the other similar and opposing "facts". The HTA says proceed with caution, however, there is no mention of slowing down. One can still proceed with caution at the speed limit and in fact, caution can be a subjective word depending on the situation and the interpretation. However, if the light turns red before one makes the intersection it basically means that you had enough time to stop when it became amber. So wouldn't this bury me? You are right that you don't have to slow down, but going the same speed doesn't sound very cautious to me unless that speed is very slow in the first place. If the light is red BEFORE you enter the intersection, then no, you would not be buried. I believe you stated you were charged with an amber light ticket. If the light was red before you entered the intersection then should have been charged with a red light ticket. They are not the same, see R. v. Reiber, 2007 If he says I sped up and cleared the intersection, does that mean that I didn't proceed with caution thus the ticket? I am getting really confused now because I thought as long as you clear the intersection on yellow it means you did the right thing. And I understand the implication that one cannot just hit the gas to clear an intersection, but if the speeding is minimal then logically it should be OK, afterall even during normal driving we don't maintain constant speed it fluctuates, 5 above or 5 below should be allowable. If the speeding was 20 over as he stated on the notes, why not give me a ticket? The officer can choose to charge you with a whole bunch of things or just one charge. It's entirely up to him. Speeding is speeding. Whether he charged you or not is separate. The point of the ticket is he believes you were facing an amber light and could have stopped. You are arguing you faced an amber light and could not stop. This is the heart of the charge. Don't let anything sidetrack you from this. YOU have to point out the contradiction of his notes and his testimony. Could you stop in time, yes or no? Do the facts support you, yes or no? This is what the justice will consider. So all the facts of where you were when the light turned red, how fast you were going, did you speed up or not, all these facts have to support whether you could or could not stop in time. You have to present the facts to support your version. I have read the article, thank you for posting it but unfortunately this wouldn't apply to my case. The officer had a clear view of both the west and east traffic lights so he wouldn't need to look to the left when I was on the right, he could have just looked at the traffic light on the right. Sandhu was about the credibility of the officer and the defendant. In a he said/you said battle over the "facts" Sandhu weighted the evidence with the defendant. That's you. The justice eloquently explains his decision. This is extremely relevant to your defence.
Dimension7 wrote:
ticketcombat wrote:
He must remember. Which means he could remember things differently than what's written down.
Wouldn't this be "reasonable doubt" though to get two different stories from his notes and from his memory?
See paragraphs 78 &79 of R. v. Hamid, 2008 where the testimony changes over time. On the witness stand, the person remembered the vehicle in a different lane than in his written statement at the time of the accident. The justice will apply "weight" to the testimony. In other words, give it a degree of credibility along with all the other similar and opposing "facts".
Dimension7 wrote:
ticketcombat wrote:
Amber lights are a tricky thing. You are required to stop. If you can't, then slow down and proceed with caution. People speed up which is the wrong thing to do. Slowing down will likely result with you being in the intersection when the light turns red. This is a "natural consequence" of you doing what the HTA requires you to do.
The HTA says proceed with caution, however, there is no mention of slowing down. One can still proceed with caution at the speed limit and in fact, caution can be a subjective word depending on the situation and the interpretation.
However, if the light turns red before one makes the intersection it basically means that you had enough time to stop when it became amber. So wouldn't this bury me?
You are right that you don't have to slow down, but going the same speed doesn't sound very cautious to me unless that speed is very slow in the first place. If the light is red BEFORE you enter the intersection, then no, you would not be buried. I believe you stated you were charged with an amber light ticket. If the light was red before you entered the intersection then should have been charged with a red light ticket. They are not the same, see R. v. Reiber, 2007
Dimension7 wrote:
ticketcombat wrote:
If you sped up, you should have cleared the intersection. If you slowed down, you should have been in the middle of the intersection when the light turned red. Which is it? It can't be both. And that's what you have to press the officer on.
If he says I sped up and cleared the intersection, does that mean that I didn't proceed with caution thus the ticket? I am getting really confused now because I thought as long as you clear the intersection on yellow it means you did the right thing. And I understand the implication that one cannot just hit the gas to clear an intersection, but if the speeding is minimal then logically it should be OK, afterall even during normal driving we don't maintain constant speed it fluctuates, 5 above or 5 below should be allowable. If the speeding was 20 over as he stated on the notes, why not give me a ticket?
The officer can choose to charge you with a whole bunch of things or just one charge. It's entirely up to him. Speeding is speeding. Whether he charged you or not is separate. The point of the ticket is he believes you were facing an amber light and could have stopped. You are arguing you faced an amber light and could not stop. This is the heart of the charge. Don't let anything sidetrack you from this.
Dimension7 wrote:
My main concern and point about his notes though is that they just do not add up. If the JP considers this wouldn't it be logical also to consider that maybe he just wasn't observing what happened correctly or maybe wasn't observing it from the beginning thus "reasonable doubt" since his facts are contradicting?
YOU have to point out the contradiction of his notes and his testimony. Could you stop in time, yes or no? Do the facts support you, yes or no? This is what the justice will consider. So all the facts of where you were when the light turned red, how fast you were going, did you speed up or not, all these facts have to support whether you could or could not stop in time. You have to present the facts to support your version.
Dimension7 wrote:
ticketcombat wrote:
Also take a look at R. v. Sandhu which will be your defence in a nutshell.
I have read the article, thank you for posting it but unfortunately this wouldn't apply to my case. The officer had a clear view of both the west and east traffic lights so he wouldn't need to look to the left when I was on the right, he could have just looked at the traffic light on the right.
Sandhu was about the credibility of the officer and the defendant. In a he said/you said battle over the "facts" Sandhu weighted the evidence with the defendant. That's you. The justice eloquently explains his decision. This is extremely relevant to your defence.
Ticketcombat thank you for taking the time to respond. In this case I was referring to "completing the intersection" not entering the intersection. If I had completed the intersection on red because I slowed down to proceed with "caution" I have the impression that it would bury me. Since the cases about yellow/red lights are entirely based on credibility ie. my word vs his word, I am emphasizing the discrepancies on the written notes. To make his story "stick" he will have to change a few facts from the notes making his story quite doubtful that way.
Ticketcombat thank you for taking the time to respond.
ticketcombat wrote:
If the light is red BEFORE you enter the intersection, then no, you would not be buried. I believe you stated you were charged with an amber light ticket. If the light was red before you entered the intersection then should have been charged with a red light ticket.
In this case I was referring to "completing the intersection" not entering the intersection. If I had completed the intersection on red because I slowed down to proceed with "caution" I have the impression that it would bury me.
Since the cases about yellow/red lights are entirely based on credibility ie. my word vs his word, I am emphasizing the discrepancies on the written notes. To make his story "stick" he will have to change a few facts from the notes making his story quite doubtful that way.
I have used the disclosure forms from ticketcombat's website (great work by the way helping a lot of people who want to be helped) to send 4 previous requests of disclosure. I have proof of fax transmission. Even after all these requests, all that was included in the disclosure package (after my 4th request) was a copy of my last disclosure request fax, a cover page (which they probably send to everyone), a copy of my notice of trial, and the officer's point form notes, which after staring at them for a couple of days I could understand the shortforms and such. I would like to file a section 7 stay (I still have time) for improper disclosure. Is it still worth sending them another disclosure request after all this before I file my section 7 stay? Or should I wait for the time to file and just go ahead? What are the chances to get a section 7 stay? If I file the stay and the officer doesn't show up on trial day and the stay does not get approved but court gets adjourned, can I decide on that day to go ahead with the trial for that day besides not complete disclosure? What is the relevance/use of "both sides of the officers copy of the ticket"? I apologize for all these questions.
I have used the disclosure forms from ticketcombat's website (great work by the way helping a lot of people who want to be helped) to send 4 previous requests of disclosure. I have proof of fax transmission.
Even after all these requests, all that was included in the disclosure package (after my 4th request) was a copy of my last disclosure request fax, a cover page (which they probably send to everyone), a copy of my notice of trial, and the officer's point form notes, which after staring at them for a couple of days I could understand the shortforms and such.
I would like to file a section 7 stay (I still have time) for improper disclosure.
Is it still worth sending them another disclosure request after all this before I file my section 7 stay? Or should I wait for the time to file and just go ahead?
What are the chances to get a section 7 stay?
If I file the stay and the officer doesn't show up on trial day and the stay does not get approved but court gets adjourned, can I decide on that day to go ahead with the trial for that day besides not complete disclosure?
What is the relevance/use of "both sides of the officers copy of the ticket"?
You've stated "the officer's point form notes". Does that mean he typed them out for you but did not explain the abbreviations or was it hand written? If you have made 4 disclosure requests and still have not received everything you asked for then you can go ahead and apply for a stay at least 20 days in advance of the trial. Warning: Your subsequent disclosure requests should have progressively explained your situation. You shouldn't simply resend the disclosure request but acknowledge what they have done: You have to show diligence that YOU tried to get disclosure from them and THEY didn't comply. ********************************************** "both sides of the officers copy of the ticket" is in case he noted some information on the back of his copy that he will use at trial to refresh his memory. ********************************************** At trial, if the officer is not there they should drop the charge. If they proceed to the arraignment ("How do you plead: guilty or not?"), that means the officer is there and you can go ahead and make your stay application: "prior to entering a plea, I have made a motion for a stay..."
You've stated "the officer's point form notes". Does that mean he typed them out for you but did not explain the abbreviations or was it hand written? If you have made 4 disclosure requests and still have not received everything you asked for then you can go ahead and apply for a stay at least 20 days in advance of the trial.
Warning: Your subsequent disclosure requests should have progressively explained your situation. You shouldn't simply resend the disclosure request but acknowledge what they have done:
I have sent you 4 requests on Jan 1, Feb 1, April 10 and May 17. I specifically asked for a typed copy of the officer's notes...I am still waiting for the following outstanding items or an explanation why they are not forthcoming...
You have to show diligence that YOU tried to get disclosure from them and THEY didn't comply.
**********************************************
"both sides of the officers copy of the ticket" is in case he noted some information on the back of his copy that he will use at trial to refresh his memory.
**********************************************
At trial, if the officer is not there they should drop the charge. If they proceed to the arraignment ("How do you plead: guilty or not?"), that means the officer is there and you can go ahead and make your stay application: "prior to entering a plea, I have made a motion for a stay..."
The notes were not typed, it's a copy of his notes from his notebook, handwritten, pointform, with abbreviations. As well, there is no date or time on that page. Unfortunately, I have not included the "progressive explanations" on my subsequent requests. I am wondering if I should send another disclosure request to include these explanations. As well, it would be beneficial to me to have a DETAILED will say statement of the officer. Would that be reasonable to request ie, not just a will say statement where he will just jot down point form notes again. Again to be fair and to prep for my defense, I do need to know what exactly he is going to say.
ticketcombat wrote:
You've stated "the officer's point form notes". Does that mean he typed them out for you but did not explain the abbreviations or was it hand written? If you have made 4 disclosure requests and still have not received everything you asked for then you can go ahead and apply for a stay at least 20 days in advance of the trial.
Warning: Your subsequent disclosure requests should have progressively explained your situation. You shouldn't simply resend the disclosure request but acknowledge what they have done:
You have to show diligence that YOU tried to get disclosure from them and THEY didn't comply...."
The notes were not typed, it's a copy of his notes from his notebook, handwritten, pointform, with abbreviations. As well, there is no date or time on that page.
Unfortunately, I have not included the "progressive explanations" on my subsequent requests.
I am wondering if I should send another disclosure request to include these explanations.
As well, it would be beneficial to me to have a DETAILED will say statement of the officer. Would that be reasonable to request ie, not just a will say statement where he will just jot down point form notes again.
Again to be fair and to prep for my defense, I do need to know what exactly he is going to say.
There is no date/time on the note pages. Notebooks are blank lines pages, where a time can be put on the left side and each bottom right corner will have a number (notebooks page #'s are 1-100) I have never ever heard of a willsay being made for any provincial matter.
Dimension7 wrote:
The notes were not typed, it's a copy of his notes from his notebook, handwritten, pointform, with abbreviations. As well, there is no date or time on that page.
There is no date/time on the note pages. Notebooks are blank lines pages, where a time can be put on the left side and each bottom right corner will have a number (notebooks page #'s are 1-100)
As well, it would be beneficial to me to have a DETAILED will say statement of the officer. Would that be reasonable to request ie, not just a will say statement where he will just jot down point form notes again.
Again to be fair and to prep for my defense, I do need to know what exactly he is going to say.
I have never ever heard of a willsay being made for any provincial matter.
Last edited by hwybear on Fri Jun 19, 2009 6:58 pm, edited 1 time in total.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Depends on the jurisdiction. Some officers will provide a will say statement when they prepare disclosure. Usually it's "the notes summarize what I intend to say..."
hwybear wrote:
I have never ever heard of a willsay being made for any provincial matter.
Depends on the jurisdiction. Some officers will provide a will say statement when they prepare disclosure. Usually it's "the notes summarize what I intend to say..."
Even after having his notes I don't know exactly where he was positioned when he allegedly saw me run the light. Without knowing his exact position, how am I supposed to challenge his "visibility" without positioning myself where he was and see for myself whether his statements are correct. :shock: There has to be a way that one can get this information before going to court? On a side note, I will be going on the weekend to measure the distance of the intersection as well as the duration of the amber light. Do I have to show proof to the JP regarding these measurements? What kind of proof would be admissible or is my word just enough? Thank you TC for the time you are taking to answer my questions, which are quite a few, being my first time doing this. :roll: Hwybear thanks for the input as well -there is no page number either, and on the top it says "enforcement agency notes". Is this the back of the officer's ticket copy or is this the notes from his notebook? Do they keep notes on both?
Even after having his notes I don't know exactly where he was positioned when he allegedly saw me run the light. Without knowing his exact position, how am I supposed to challenge his "visibility" without positioning myself where he was and see for myself whether his statements are correct.
There has to be a way that one can get this information before going to court?
On a side note, I will be going on the weekend to measure the distance of the intersection as well as the duration of the amber light. Do I have to show proof to the JP regarding these measurements? What kind of proof would be admissible or is my word just enough?
Thank you TC for the time you are taking to answer my questions, which are quite a few, being my first time doing this.
Hwybear thanks for the input as well -there is no page number either, and on the top it says "enforcement agency notes". Is this the back of the officer's ticket copy or is this the notes from his notebook? Do they keep notes on both?
Ok, then the notes were made on the back of the ticket (the officers copy). I do not keep notes on both. One or the other.
Dimension7 wrote:
Hwybear thanks for the input as well -there is no page number either, and on the top it says "enforcement agency notes". Is this the back of the officer's ticket copy or is this the notes from his notebook? Do they keep notes on both?
Ok, then the notes were made on the back of the ticket (the officers copy). I do not keep notes on both. One or the other.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
You can request this information in one of two ways, you can ask to interview the witness prior to trial (ask the Crown to attend the session as well). They will never take you up on this. OR two, you can request that the officer offer more detail to the following questions... You do either of these in a letter to the Crown. I usually just tack it on to a disclosure request.
Dimension7 wrote:
Even after having his notes I don't know exactly where he was positioned when he allegedly saw me run the light. Without knowing his exact position, how am I supposed to challenge his "visibility" without positioning myself where he was and see for myself whether his statements are correct.
There has to be a way that one can get this information before going to court?
You can request this information in one of two ways, you can ask to interview the witness prior to trial (ask the Crown to attend the session as well). They will never take you up on this. OR two, you can request that the officer offer more detail to the following questions...
You do either of these in a letter to the Crown. I usually just tack it on to a disclosure request.
I am getting ready to file a Section 7 stay this week and was wondering if the Factum is a must to file? I am quite unclear regarding this document and seems quite complicated to prepare. Am I able to file a valid Section 7 stay including only the Affidavit and Form 4F?
I am getting ready to file a Section 7 stay this week and was wondering if the Factum is a must to file?
I am quite unclear regarding this document and seems quite complicated to prepare.
Am I able to file a valid Section 7 stay including only the Affidavit and Form 4F?
I have filed my section 7 application ... will let you guys know how that goes. I am looking at the Offence Notice and under the "print name" section he has put only 4 letters "PC . ." I assume this to mean Police Constable and maybe his two initials (maybe it's his unit's initials, don't know)? Is this OK, not to have the officer's name on the ticket (not provided on disclosure either ...). Thanks.
I have filed my section 7 application ... will let you guys know how that goes.
I am looking at the Offence Notice and under the "print name" section he has put only 4 letters "PC . ."
I assume this to mean Police Constable and maybe his two initials (maybe it's his unit's initials, don't know)? Is this OK, not to have the officer's name on the ticket (not provided on disclosure either ...).
Several years ago I was in a similar situation to you Dimension... I measured the distance and had all of my information at hand. I had NOT gone through an amber light as accused. Once I was in court the JP running the show said " You may believe you did not go through an amber light but our police officers are not paid to lie" Needless to say this Lying cop lived to serve another false allegation. Good Luck with your situation... I hope you get an honourable JP..... miracles do happen they tell me !!! :lol:
Several years ago I was in a similar situation to you Dimension... I measured the distance and had all of my information at hand. I had NOT gone through an amber light as accused. Once I was in court the JP running the show said " You may believe you did not go through an amber light but our police officers are not paid to lie" Needless to say this Lying cop lived to serve another false allegation. Good Luck with your situation... I hope you get an honourable JP..... miracles do happen they tell me !!!
I just recently got a ticket for "Amber: Fail to Stop" so I am in the same boat as you. I have written down everything that happened and have taken pictures of the location so I wouldnt forget anything.
I just recently got a ticket for "Amber: Fail to Stop" so I am in the same boat as you. I have written down everything that happened and have taken pictures of the location so I wouldnt forget anything.
Well when you get chance to put your questions to your accuser maybe ask him if he belives the charge is a valid cause of action... he will say yes.... then ask him what are the elements of a valid cause of action..... he wont have a clue !!! and if he does you have won your case... because he will proceed to tell you that which does not apply to you.... but before you get that far the judge or prosecutor will say ''objection''' as they wont want you going down that path... but you still can of course..if you know what to say !
Well when you get chance to put your questions to your accuser maybe ask him if he belives the charge is a valid cause of action... he will say yes.... then ask him what are the elements of a valid cause of action..... he wont have a clue !!! and if he does you have won your case... because he will proceed to tell you that which does not apply to you.... but before you get that far the judge or prosecutor will say ''objection''' as they wont want you going down that path... but you still can of course..if you know what to say !
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…