How do I bring up ERRORS in officers notes at TRIAL?

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

m4gician
Newbie
Newbie
Posts: 13
Joined: Thu Jun 25, 2009 12:29 pm
Location: Toronto (Woodbridge), Ontario
Contact:

How do I bring up ERRORS in officers notes at TRIAL?

by: m4gician on
Mon Jul 20, 2009 11:55 pm

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?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Tue Jul 21, 2009 7:03 pm

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


Tungsten
Newbie
Newbie
Posts: 2
Joined: Thu Apr 09, 2009 4:53 pm

by: Tungsten on
Wed Jul 29, 2009 4:11 am

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?


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on
Wed Jul 29, 2009 7:27 am

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?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Wed Jul 29, 2009 9:49 pm

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


Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 13 guests