Different Parts to Every Traffic Ticket Trial

1) Pre-trial
– Where you either make any motions (I.e., Motion to exclude witnesses, Motion to Stay, Motion to adjourn, etc.)
– Make your Plea (Guilty/not Guilty)
– Court Clerk reads out your offence and where it happened

2) Prosecution Presents Case Against you
– Prosecutor gets Police officer on witness stand
– Prosecutor asks the Police officer any questions relating to the offence
– Defendant (you) then have the opportunity to cross examine the police officer
– Prosecutor asks any other witnesses (if they have any) to take the stand
– Prosecutor asks the witnesses any questions
– Defeendant than gets to cross examine the witness
– Prosecutor then makes arguments based off of the testimony given/evidence presented that shows you are Guilty of the offence

3) Defense (You) Presents Their Case
– Defendant “has the option” of taking the witness stand to tell the Justice facts of what happened (you are not providing arguments while on the witness stand, just facts of what happened”
– If you do take the witness stand, then you are subject to cross examination from the prosecutor. The Prosecutor will ask you questions.
– Defendant can call any of their witnesses (if they have any) to take the stand
– Defendant asks the witness any questions
– Witness is then subject to cross examination from the Prosecutor
– Defendant then can make arguments based off of all the testimony given the shows you not guilty.

4) Judgement Is Given
– Before the Justice gives their judgement, Defendant/Prosecutor have the option of making any final arguments (You are not introducing new evidence, only to re-iterate arguments/testimony that was already given
– Justice makes her Judgement along with their reasons and Sentencing if found guilty

Question about the Disclosure you received.

Is it actually info from the radar Manual? Does it show “how” it should be tested?

The officer is not required to say how it was tested within his notes. But if it does indicate that it was tested at this time and tested at this time, then that is sufficient. You can get into detail in asking how specifically he tested it during Trial. But if there is nothing in the cops notes to indicate that he tested the gun, then you for sure should exploit that fact during trial.

Sample Questioning to the Officer

– You “Officer X, how long have you been a police officer?”
– Officer X “I have been working for the police department for 10 years”
– You “During the 10 years, how many speeding tickets have you issued?”
– Officer X “I couldn’t say exactly.”
– You “How many on average within a month?” (These questions are asked to show how unreliable a witness the officer can appear to be since he cant recall or does not know certain facts, so be creative with your questions, as these are not intended to be that creative)
– Officer X “30” or “I Don’t know”
– You “Do you recall what the weather was like on February 14th, 2013 (I’m assuming this is the day the offence occurred)?” (You should print off a weather report for the day the offence occurred)
– Officer X “No” (If the officer says yes, you should ask further questions to see if he recalls it correctly)”
– You “So you just testified that the defendant was driving 126km/h in an 80km/r zone, is this correct?”
– Officer X “Yes”
– You “How did you come to know that the defendant was driving this speed?”
– Officer X “I was parked at the corner of Queen St and Main St where the vehicle being driven by the defendant was approximately 500 meters away driving in my direction. I pointed my radar gun towards the vehicle and the reading from the radar indicated 126km/h.”
– You “Was the radar functioning at the time you saw the defendant’s vehicle?
– Officer X “Yes”
– You “Was testing performed on the radar?”

If The Officer says No. You can end your questioning there and tell the Justice that is all the questions you have. The prosecutor will then make arguments based off of testimony given by the officer/evidence collected to show that you are guilty of the office. This will conclude Stage 2 of the Trial. During Stage 3 is where you would present your case. There would be no need for you to take the witness stand. You will just state arguments for why you are not guilty (I.e., why the prosecutor has not proven its case). You will state there is reasonable doubt that the radar was functioning at the time the officer pulled you over. The officer by his own testimony did not provide any testing of the radar contrary to the Manufactures instructions which state that it should be tested before and after (you will want to show prove off this). And since the prosecutor has not presented any other evidence to show the defendants speed, Section xxx of the Highway Traffic Act shows the defendant should not be found guilty.

If the Officer says Yes to the above question” You can either….
a) – You “Can you please describe how and when you performed testing?”
If The Officer does not exactly mention what the radar manual says that needs to be done then follow the steps in the paragraph above.
b) Stop your questioning of the police officer. Say to the Justice “I would like to motion to stay the proceedings”. The Officer has just testified to Testing being done on the radar. With the disclosure material received, the officer notes does not indicate any testing was performed. I asked your worship, that you stay these proceedings due to improper disclosure which is an infringement of my Section 7 Charter rights.

You will also want to come up with reasons why not knowing this before trial has impacted your case.

In order for the crown to be successful with a conviction on a speeding offence, they need to prove beyond a reasonable doubt the following 5 items:

1. The date of the offence,
2. the place of the offence,
3. the driver of the vehicle,
4. the posted speed limit, and
5. the speed of the vehicle.

I assume there is no way for you to cast doubt on the date, place, and you being the driver of the vehicle, so the two items you want to mount a defence on, is the posted speed limit and/or the speed of your vehicle.

Posted Speed limit:
– Have you taken a look at Google Maps to confirm the zone you were ticked in?
– Are there any speed limit signs near by that make it “possible” for the officer to have clocked you in another zone (even if the other zone is a lower speed limit zone)?

Speed of your vehicle:
– Part of the prosecutor’s proof of presenting evidence of your speed limit is to show the radar device used was functioning properly. The only way to determine that, is if the police officer has tested it as per the radar manual’s instructions.
– Your disclosure should contain information pertaining to testing performed before & after the police officer clocked you. The next step should be to get the radar’s manual. If you cannot find it online, then you should be able to return to the prosecutor’s office and ask to view the radar manual. Look for pages relating to testing/calibration/maintenance and ask that they make copies of it.
– Part of your defence will be determining if the police officer followed the instructions exactly the way it is written in the manual when it comes to testing.

Source: Djino from redflagdeals.com

Sponsored Links: