It seems that you think the officer is going to lie in his testimony and to prove that and have a justice basically state that the court does not believe an officer you are going to need a heck of a lot more than what you have.
I admire your tenacity but I have seen many people come to court with all sorts of arguments but it all boils down to 'were you speeding' and I haven't read anything that leads me to believe that you can show enough reasonable doubt.
As I said, it's going to be interesting and please keep us posted.
Changing gears here, I see you are a retired officer. I assume you used radar. Off the record, did you or your colleagues ever take liberties with when you locked the radar in? Maybe because you knew the guy was speeding but you couldn't get him locked in time? Or maybe you drove around with 98 km locked on the display just in case?
I bet I fell for the oldest trick in the book
I do not know where cops ever testify that they are experts on judging speed. What I always say is I observed a car and it appeared to be speeding. Actually having to provided a estimated speed is not required. However when it was required it I was pretty amazed how close we could actually get, Usually within +- 5kmh.
We never had to judge the distance. The only time distance came into play was LIDAR and it was part of the reading. Any other distance would be purely an approximation and not at all official.
For some reason people seem to think that when we see a car and decide it is speeding that we will do anything to make it happen. Most times if I see a car speeding and am not ready it gets a pass. There are many cars after that will be speeding. Think of it like fishing. You cannot catch everyone.
Police do not get paid for the conviction. We lay the charge and what ever happens in court happens. Most do not take it personally if we lose.
We get asked all kinds of odd questions in court. I have been asked about acceleration on the cruiser. I just said I have no Idea and this is not relevant as the radar speed was "blah blah blah. (that is if the crown did not object as to it's relevance) There is no reason we would need to know this and it is not relevant to the charge
Trespassing on the police lot. Here you actually would have been arrested and charged. You say your taxes helped pay for them and seem to think that you you have a right. However, you do not. It is private property and not for public access(it is posted as such) and we do not know why you are there. How do we know you are not there for some nefarious reason or trying to track our personal vehicles(we park in the same lot). This has happened in the past. In fact I think it was Hamilton cops got into a shoot out with someone in their parking lot. In Ottawa the guy who killed the cop in 2009 was actually hunting for a cop in the station parking lot at one point. So yeah it is a big deal now.
I had my new trial today. Final outcome was that the crown withdrew the charge.
I met with the crown before court took session. Said I would be making three pre trial motions to dismiss 1) time on ticket was wrong, 2) the matter has taken too long. It's been 17 months, 5 court appearances, 4 different Crown attorneys and I still don't have the disclosure about the car that I need, which brings me to 3) Crown had failed to provide me with info on the car that I need to defend myself.
Crown asks why I need car info. I say because from a stop he disclosed that he accelerated to within 35 meters of my bumper when I was allegedly traveling at 72 kph and he accomplished this feat in only 70 meters and ~2.5 seconds. I think we need to see what he has under the hood. Crown said you can ask but I will object to all but if you can show what you allege, then you won't need car info. I said one more thing... Off the the record that officer is lying to you and if I cross examine him it won't be pretty but i don't want to do that. Crown said I have a good brief but I will talk to officer again. I said make sure you don't prep him. Officer stood by his story and we went into court room.
Then this. Just seconds before calling my name Crown approaches me in the pew and says the cop now says that his disclosure a year ago about being 35 m behind me at radar lock is untrue. Crown withdraws charge because "we have an optics issue". Yes ma'am I think you do.
That was one ticked off Crown prosecutor. Cop tried to get out of there but Crown said No I want you to stand here while I give this man the news. Then it was " now you come with me officer "
So a lying cop was outed today. Raise a glass.
I do find it strange that the police officer would admit to hs notes being wrong. If they are going to lie in their notes, then why would they not continue to lie in the court? But anyways, it is all good news for you! Way to stand up for your rights and see it thru!
He didn't admit to lying. He said the statement (which was attributed to him) was untrue. He said the crown misquoted him in her disclosure letter to me. And since that particular Crown attorney has moved on, she wasn't able to speak to that allegation. But the truth was clear for everyone to see.
Its my civic duty to file a complaint against him but Im not sure if I will. He doesn't seem like a bad guy but I guess that's what he wants me to think now that he's been caught on a lie.