Cop shows, 'no evidence'
Politzky
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Cop shows, 'no evidence'

Unread post by Politzky »

I accompanied a friend to court, to see how things would go. He was in the same situation. Had asked twice for disclosure, none provided. My friend was actually tired of the process, age 60-something, perfect driving record, and was actually willing to plead to a lesser charge that would have dropped him from 3 to 0 points (for an amber light turn, not for speeding). The prosecutor had made him the offer the previous time but this time said she couldn't make an offer without consulting the officer (which struck me as possible retribution, as the prosecutor was rather snarky in tone).

In court, the officer actually showed up, at the very last minute. We could see him talk to the prosecutor as court was going into session. My friend was soon called and was prepared to plead NOT guilty and again request disclosure when the prosecutor said something to the judge neither of us couldn't hear, and the judge immediately said 'No evidence, charge withdrawn'.

The cop was there. Is it likely there was no evidence because he never bothered to take any notes? No disclosure because there were no notes to disclose?


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hwybear
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Re: Cop shows, 'no evidence'

Unread post by hwybear »

Politzky wrote: The cop was there. Is it likely there was no evidence because he never bothered to take any notes? No disclosure because there were no notes to disclose?
I'll guess that the prosecution misplaced the disclosure. There are so many cases the disclosure might have inadvertently been filed for trial on another day and not in the pile for today.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Politzky
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Unread post by Politzky »

That's possible, but when my friend signed in out in front of the courtroom, the prosecutor told her she'd talk with the officer beforehand; and she implied that disclosure could be a simple matter of the officer showing my friend his notes, which - in her words - might be as simple as 'motorist proceeded to turn on an amber light.

Now, my gut told me this was nonsense. My friend contends he started on the turn when it was green, and that it turned amber in the course of the turn. I actually believe my friend - an extremely cautious driver - and have been in similar situations myself. If I were standing trial I'd want more detail than the prosecutor talked about. Like where the officer was positioned, how far away, where exactly was the target car when the light turned amber, and such. I assume such details would matter in a trial situation.






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