One one side, it is harder charge for the prosecution to prove so they may offer you a plea deal to a lower charge. On the other side, if you testify you will probably hang yourself and it will be easy for them to prove it.
Having legal representation that knows how to properly cross-examine the officer and who will not put you on the stand to ...
Search found 1722 matches
- Fri Apr 01, 2016 9:39 am
- Forum: Careless Driving
- Topic: Careless Driving Charge - House Collision
- Replies: 4
- Views: 2566
- Fri Apr 01, 2016 9:27 am
- Forum: Driving the wrong way on a divided road
- Topic: driving on the wrong way need help
- Replies: 3
- Views: 4316
Re: driving on the wrong way need help
i would plead not gulty and request a trial with the officer present. Once you get your notice of trial, you can then request disclosure (officers notes). Once you get the notes post them here so we can determine if officer has everything in notes needed to charge you.
There is no downside to doing this as you could decide to just pay it anytime ...
There is no downside to doing this as you could decide to just pay it anytime ...
- Thu Mar 31, 2016 6:53 pm
- Forum: Failing to stop at a pedestrian crossing
- Topic: Failure to Yeild to a pedestrian, but i was stopped.
- Replies: 7
- Views: 5256
Re: Failure to Yeild to a pedestrian, but i was stopped.
So assuming it was a cross-walk and not a cross-over, then you should be able to get the charge dismissed easily.
The officer has 6 months to issue the correct charge, so you do not want to let the prosecutor or officer know that they made a mistake ahead of time (meaning within the first 6 months after the charge).
Talking the to prosecutor ...
The officer has 6 months to issue the correct charge, so you do not want to let the prosecutor or officer know that they made a mistake ahead of time (meaning within the first 6 months after the charge).
Talking the to prosecutor ...
- Thu Mar 31, 2016 5:29 pm
- Forum: Improper passing
- Topic: Passing on the right on a one lane street!
- Replies: 13
- Views: 5820
Re: Passing on the right on a one lane street!
The only people's opinions that matter on this are:
#1 - The police officers opinion on who to charge.
#2 - The insurance company's opinion on who is at fault.
They are independent decisions of each other, meaning (as an example only) the officer may decide to only charge vehicle B with improper passing, but the insurance company may decide to put ...
#1 - The police officers opinion on who to charge.
#2 - The insurance company's opinion on who is at fault.
They are independent decisions of each other, meaning (as an example only) the officer may decide to only charge vehicle B with improper passing, but the insurance company may decide to put ...
- Thu Mar 31, 2016 12:48 pm
- Forum: Improper passing
- Topic: Passing on the right on a one lane street!
- Replies: 13
- Views: 5820
Re: Passing on the right on a one lane street!
My guess is the yellow vehicle that turned into the green vehicle be at fault as the green vehicle was not passing until the yellow one slowed downed and turned. The green vehicle could argue they were going same speed as yellow and not passing and the yellow vehicle just suddenly slowed down and turned into green.
Just my opinion of course!
Just my opinion of course!
- Thu Mar 31, 2016 11:59 am
- Forum: Improper passing
- Topic: Passing on the right on a one lane street!
- Replies: 13
- Views: 5820
Re: Passing on the right on a one lane street!
Your description of street is very confusing to me. At first I thought you said it was one way, but now you are saying there is a yellow line seperating the directions. So the car traveling in the left lane was on the wrong side of the street?
- Thu Mar 31, 2016 11:57 am
- Forum: Failing to report a collision to a police officer
- Topic: failing to report accident ticket
- Replies: 8
- Views: 4477
Re: failing to report accident ticket
Well if it's a misunderstanding then you might be okay, but again you will need to grill the officer during cross-examination with questions like "Is it possible I said 2 hours ago and you misunderstood that as 2 oclock?".
The other thing I would do is find out if your call to the police was recorded and try to get a copy of the recording if ...
The other thing I would do is find out if your call to the police was recorded and try to get a copy of the recording if ...
- Thu Mar 31, 2016 8:57 am
- Forum: Failing to report a collision to a police officer
- Topic: failing to report accident ticket
- Replies: 8
- Views: 4477
Re: failing to report accident ticket
One of the first questions you would ask the officer during cross examination is "Why did you say that the collision took place at 2pm? Where/how did you get that information?". You will need to question the officer around this point and try and get him to say why he said 2pm. Remember when you cross-examine the officer, this is NOT the time to ...
- Wed Mar 30, 2016 11:42 am
- Forum: General Talk
- Topic: When best to request disclosure ? ...
- Replies: 9
- Views: 5991
Re: When best to request disclosure ? ...
Yes if you want to drag things out then show up at the summons date and tell them you would like to review disclosure before you decide how to plead. The prosecutor MAY offer you some kind of plea deal as well, but again you nicely say you would like to review the disclosure before you decide whether to accept deal or not.
- Wed Mar 30, 2016 8:33 am
- Forum: Driving While Suspended
- Topic: driving under medical suspension without knowing HELP
- Replies: 3
- Views: 2959
Re: driving under medical suspension without knowing HELP
I would try to get a letter from the Ministry that says the suspension should not have happened. This is your best defense.
Our great unjustice system will not consider the fact that you just "did not know it was suspended" a defense. However a note from the Ministry could help considerably.
And remember that sometimes the Justice of the Peace ...
Our great unjustice system will not consider the fact that you just "did not know it was suspended" a defense. However a note from the Ministry could help considerably.
And remember that sometimes the Justice of the Peace ...
- Wed Mar 30, 2016 8:21 am
- Forum: General Talk
- Topic: When best to request disclosure ? ...
- Replies: 9
- Views: 5991
Re: When best to request disclosure ? ...
The summons date is NOT your trial date. You will show up and they will ask you how you want to plead, guilty or not guilty. Your options are:
1- Plead guilty -not recommended-
2- Plead not guilty and request disclosure and they will set a trial date for you.
3- Request disclosure before you decide how to plead and they will set another summons ...
1- Plead guilty -not recommended-
2- Plead not guilty and request disclosure and they will set a trial date for you.
3- Request disclosure before you decide how to plead and they will set another summons ...
- Mon Mar 28, 2016 12:37 pm
- Forum: General Talk
- Topic: Detailed Disclosure Request for Radar Gun Ticket
- Replies: 18
- Views: 7108
Re: Detailed Disclosure Request for Radar Gun Ticket
Congratulations on the win!!!
- Mon Mar 28, 2016 9:27 am
- Forum: Going the wrong way on a one-way road
- Topic: Wrong Way on a One Way Road to Complete a Turn
- Replies: 4
- Views: 7387
Re: Wrong Way on a One Way Road to Complete a Turn
It's a one way street, so you cannot drive the wrong way on it regardless of distance.
Perhaps you can petition the city to make that short 5m distance into a 2-way.
Perhaps you can petition the city to make that short 5m distance into a 2-way.
- Sat Mar 26, 2016 8:37 pm
- Forum: General Talk
- Topic: Ticketed for No Mudgaurds
- Replies: 11
- Views: 6540
Re: Ticketed for No Mudgaurds
The officer has no say at all in whether the prosecutor drops the charge or not.
- Sat Mar 26, 2016 9:20 am
- Forum: General Talk
- Topic: Ticketed for No Mudgaurds
- Replies: 11
- Views: 6540
Re: Ticketed for No Mudgaurds
It reads:
Mudguards
(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor ...
Mudguards
(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor ...