First here's my link to my thread that will give you more info to my situation http://www.ontariohighwaytrafficact.com/topic7149.html
Today was interesting to say the least.
Started out with the prosecutor trying to fish info out of me and saying some to the effect "so your here to try and get a retrial?" I thought I was here for an appeal so I don't know wth he was talking about. Then infront of the judge the first thing he says is "this individual is here today to attempt to get a retrial"... to which I correct him that I'm here today for an appeal. That right of the bat made no sense... I'm still trying to figure out his strategy on that? Is this some sort of kangaroo court where the prosecutor can change the purpose of the court by a mere sentence or two?
The hostility from the Judge came early and came fast. I ask the court if they can read the subsection of the HTA that I was charged with on the record so I could point out the inconsistencies. She starts screaming about how I've been watching too much tv and that's not how it works.
Ok well then I cite the HTA and make the case that I was charged under the wrong subsection of the HTA and that painted turn signs are unenforceable and they have to accompany the black and white turn sign. She starts grilling using cross examination tactics asking me yes or no questions to complex questions that I couldn't give yes or no answers to. Then when she finally did decide to get around to reading that the HTA she starts reading the wrong part intentionally... she starts reading subsection A which isn't even the sub section I was charged with. I try to correct her but more hostility ensues and she finally starts reading the correct sub section. When she read it you could tell she knew she was in the wrong because her voice kind of dropped when she got to the words "erected" and "official." Then she starts grilling me about what official means so said that the painted sign had to be accompanied by a black and white erected left turn sign... so she tries to twists my words and starts saying "oh so stop signs aren't official? they are red and not black and white." I try to show her the Ontario Drivers Manual which shows all the official signs, the sign code, dimensions, color, purpose and background, guidelines for use, legal status, etc. so I'm trying to scroll to the beginning of the paragraph and she's shouting in the background to give it to her, and I finally tell her to "relax" and she goes POSTAL and says it's finished. For a second I didn't know what she meant and finally she says I'm being rescheduled. I learn 15 minutes later when I'm being rescheduled in another court that she precluded herself from my case LOL. There's much more, most of it just absolute hostility, trying to bully me, trying to break me down, and twisting my words around, etc... honestly everything just went by so fast my adrenaline was pumping. I tried recording it (in secret of course) but found out afterward I didn't hit he right button.
I don't know if any of you guys are from Windsor or familiar with this judge but she's well known across the city as a complete tyrant. She once bullied a well known lawyer and forced her to go home and change her clothes. http://www.cbc.ca/news/canada/lawyer-dr ... g-1.331136 Her name is well known as the most ruthless judge in the city who gives months of incarceration for minor offenses. Right when I heard her name I knew I was in for it lol. When she talks she completely closes her eyes like she's sleeping??
I'm glad I stood up to this tyrant to be honest. Trust me if she had a leg to stand on (legally speaking) she would've dismissed my appeal and talked *EDIT* while doing it. I told her straight up to her face that she didn't apply the law and that it was unfortunate, that there are courts above her, and that she should be less hostile. She was fuming lol to say the least.
oh and that's not to mention that neither the judge nor the prosecutor were prepared when the called my case. you could tell they didn't read anything related to my case... so then they fake technical difficulties and call a break. during this time is when the prosecutor attempted a little fishing and read the case notes.
I went in there with 100% respect. I was dressed well, I thought I spoke well... I don't know. she tried to frazzle me right out of the box... it was literally like I was up against the judge and the prosecutor at the same time. She wasn't impartial at all. AT ALL...
Part of me feels like my charter rights were violated today. I don't know. Have a appeal reschedule for the 19th of August.