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How do I bring up ERRORS in officers notes at TRIAL?
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PostPosted: Mon Jul 20, 2009 11:55 pm 
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Joined: Thu Jun 25, 2009 12:29 pm
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Location: Toronto (Woodbridge), Ontario
Hi guys,

I have errors in my officer's notes and evidence and after asking for will say statements, all that was provided was officers notes. There are errors, some about the description of my vehicle, some of the model of LIDAR used by the officer, how to I present these errors to the JP? DO I raise a motion or do I wait until cross examination?


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PostPosted: Tue Jul 21, 2009 7:03 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
the errors might not be errors. The notes are used to refresh an officers memory and many use short hand and the short hand is rarely the same from officer to officer.

(ie: someone might think that short hand L2 is a Ultralyte laser model 2, when in fact in could be "lane 2" on the highway)

You can make notations about what you believe are errors and after the officer gives the evidence, "cross examine" the testimony

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Wed Jul 29, 2009 4:11 am 
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I have a question related to this. Charge is 39 over the limit.

Officer on bridge notes say he clocked a Gry "my kind of car"

5k later officer who pulled me over notes he pulled over a Tan "my kind of car"

My car is Tan.

Trial is mid August.

If they both show up should I put all of my eggs in this basket?

Friends are saying to hope for and to take a deal.

I am feeling pretty much all or nothing at this point and willing to run with it.

Advice -- comments?


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PostPosted: Wed Jul 29, 2009 7:27 am 
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Joined: Fri Apr 11, 2008 2:49 pm
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Location: somewhere in traffic
Tungsten wrote:
I have a question related to this. Charge is 39 over the limit.

Officer on bridge notes say he clocked a Gry "my kind of car"

5k later officer who pulled me over notes he pulled over a Tan "my kind of car"

My car is Tan.

Trial is mid August.

If they both show up should I put all of my eggs in this basket?

Friends are saying to hope for and to take a deal.

I am feeling pretty much all or nothing at this point and willing to run with it.

Advice -- comments?


Colour is no biggy as far as descriptions go, unless it's black vs. white. That 5KM sticks out to me though. Why so far down the road?

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PostPosted: Wed Jul 29, 2009 9:49 pm 
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Location: In YOUR rearview mirror!
Reflections wrote:
. That 5KM sticks out to me though. Why so far down the road?


officer that was going to conduct the stop was checking the plate and the registered owner prior to initiating the stop

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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