Insecure Load - Open For Discussion

A place to discuss any general Highway Traffic Act related items.

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riggyzomba
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Re: Insecure Load - Open For Discussion

Unread post by riggyzomba »

Well - went to court today. Retired officers DO show up for court and provide evidence based on memory. When it was my turn to cross examine I stated I was a little unprepared as there was no indication in the disclosure as to the evidence he was to provide. The prosecution stated that in the officers notes that were provided that the other officer is referenced. In the end it really didn't make much difference. His testimony was that he could not observe if the load was secure or not.


The other officer provided his evidence and the prosecution hung their case on "dislodge". I had arguments prepared for "blow" and "fall" but not for dislodge.We bantered about what "dislodge" was interpreted as, as well as that "strapped" is not an element of the charge. In my summary, I used the load was loaded and "contained" argument but in the end, I lost.


Interestingly enough, the officer that provided the majority of the evidence was waiting for me outside the courtroom and shook my hand and said I did a good job.


Good experience either way.


Thanks for the input guys.

jsherk
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Unread post by jsherk »

Well congratualtions on taking the time to fight it. Consider it the cost of your legal education!

+++ This is not legal advice, only my opinion +++
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bobajob
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Unread post by bobajob »

nice one,

wish more people would report there feedbacks on here#


txs buddy

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OTD Legal
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Unread post by OTD Legal »

bobajob wrote:nice one,

wish more people would report there feedbacks on here#


Agreed. It is nice to hear back from posters on how their cases resolved.

The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
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