Has anybody successfully objected to an officer using their notes to refresh their memory?
What kind of arguments can be made for this?
Thanks
Now another situation people...say you were turning off a roadway, and clipped a pedestrian who was walking on the sidewalk? Could you be charged under the HTA as you were leaving a roadway to a private property? Instead of like on this case leaving a private property onto a roadway. Thanks in…
Hello Folks,
I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
Hey Guys,
I'm not sure if this is the correct section to post this... I'm a tractor trailer truck driver, and although i didn't get a ticket, Last week, I was involved in a conversation with my boss and fleet manager about removing snow off the top of the rig.
I found this article online, which…
So today I got my first speeding ticket from going 80 km/h in a 50 zone, reduced to 70. I have been in an accident before so my insurance rate is already pretty high, yet I don't really handle my own insurance as I am the secondary driver on my family car. I'm also 20 and still have my G2, which…
I was pulled over after making a U-TURN. and being charged for 4 tickets "1. DRIVE MOTOR VEHICLE, NO PERMIT CONTRARY TO THE HIGHWAY TRAFFIC ACT SECTION 7(1)(A); 2. UNSAFE TURNING LANE CHN-FL TO SIGNAL CONTRARY TO THE HWY TRAFFIC ACT SECTION 142(1); 3. RED LIGHT TRAFFIC ACT SECTION 144(18); 4.FAIL…
Hi all,
I received a stunt driving ticket earlier in the year (171 km/h in a 100 km/h zone) and attended my summons earlier this week, where I received the disclosure.
I set a meeting for an early resolution for this Friday (March 16th, 2018). Would any of you be able to help me review my disclosure…
Hi there,
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
Objecting to officers use of notes
Has anybody successfully objected to an officer using their notes to refresh their memory?
What kind of arguments can be made for this?
Thanks
Re: Objecting to officers use of notes
There are standard questions that the prosecutor will ask the officer that will allow him to use his notes to refresh his memory in spite of any objections you may have.
What you can do in your cross is attempt to demonstrate that the officer is simply reading his notes to the court and cannot independently recall the events. To be relevant your questions have to be based on the offence as it relates to you, quizzing him on minutia that is not in the notes isn't going to harm is credibility, in fact if he can answer it will do just the opposite and if he can't you look like a douche. Sometimes the officer will ad lib and contradict what they have written in the notes which also goes against their credibility.
Knowing how to cross with class is the gold standard for best outcome, but there isn't much you can do to refute a trained officer's testimony with good notes. Your best bet would be to ensure that you are able to give testimony that is at least as credible as the officers.
Re: Objecting to officers use of notes
I've never seen it happen. There would have to be some kind of serious issue with the officer's notes for them to be rejected. The main requirements for an officer's notes to be admissible are spelled out in your other thread: http://www.ontariohighwaytrafficact.com/topic7118.html
Typically even paralegals and lawyers advise the Courts they have no issue with an officer referring to their notes simply to save time.