MrX

Hello everyone, I need your help for my court date.

I was booked for speeding about 2.5 years ago. The ticket was 117 in 80 zone (hwy7). I got the ticket during my lunch time at hwy7 and Bayview, I was going back to work and I got stopped, funny thing is that I wasn’t even speeding, I noticed the speed trap when I was going to get lunch so on my way back I was doing exactly 80 because obviously I knew there was a speed trap setup there. I tried to tell the cop that but he didn’t even want to listen to me, then I asked to see his radar but he said he couldn’t show it to me because the other cop on top of the bridge (Bayview) was doing speed checks and reporting it to them and that he was just issuing the tickets, I didn’t have time to argue cuz I had to be back at work for a meeting so I took the ticket and told him that I'll see him at court. So now I’m thinking he simply mistook me for some other speeding car and decided to stop the modified red civic instead of perhaps some other red car that was apparently reported headed towards him. So I obviously was profiled against.

I had to plea the first court date due to an eye infection, so the date is now scheduled for this Tuesday (2.5 yrs later). I’m obviously pleading not guilty and taking him to trial. I know that when you do this, you’re given the opportunity to ask the officer series of question in order to build your case against them. Now I’m wondering what questions I can ask him in order to get the kind of answers I need to prove my point, and not get the “I have been trained for …” bs answers. I'm trying to prepare the questions but I have no legal knowledge so I don't know how my questions will hold up, so I need some ideas from you guys. I can't afford a real lawyer and I don't really believe in the paralegals, I need to go and win this thing so any help is greatly appreciated.

Thanks for reading.

jdesouz

your word against his, in ur case id bank on him not coming

k_r_a_c_k_e_r

iTrader: (3)

2.5 years ago??.. cant you get off just on that fact??

civic blx

ur a lil late gettin prepared but that being said; jus call a lawyer and get sum advice. im sure they will give you some guidelines to follow.

weezybaby

Doesnt happen anymore. They book all the people who got a ticket with a specific cop , so he/she can come and deal with them all

fingolfin

naw... the delay was caused by him.. so 11b won't work anymore
did you get disclousure? if not, you're done...
you need disclousure to build a series of questions based on what he missed in his notes.


I have a slow week at work next week... if you DO have disclousure PM me and if u want I can help you out a bit with the questioning

fingolfin

nevermind.. didn't realize the date was so close


good luck

MrX

I totally forgot about getting a disclosure, but I'm sure he doesn't have much in his notes, I was one of the maybe 10 cars stopped. anyways based on the info I have provided here, what are some of questions I can ask? maybe ask him if he personally observed me speeding? if not, then if there is a possibility that he may have mistaken me for another red car reported to him? Or ask based on what information did he decide to stop me? basically challenge the accuracy of their speed trap setup, but they can easily come back saying that they have been professionally trained to do it, thats what I'm afraid of. Main thing is that I'm positive that I was not speeding so if I can make the judge believe in my word, then maybe I'll have a chance.

DumbasSi

Even if you get convicted, its been more then 2 years and you wont get demerit points for it. The demerit points are only on your record from the day of the ticket for 2 years.

spike

when you go to court just ask for a full disclaimer of the cops note's, that way you can build you case when it goes to trial, and as for the cop being there, they do not even have to be in the court room any more, all they have to do is sign in at the court house and thats it.

MrX

I don't know what you're trying to say here but it goes on your record from the day of conviction not the day of the ticket.
So I go in early and ask for his notes? Didn't know I could do that, thanks for the advice.

DumbasSi

Nope, the offence date, not the date of conviction.
http://www.mto.gov.on.ca/english/dan...er/demerit.htm
Because it is so short notice, you could always ask for another court date. You can then get the disclosure and put a better defence together.

Cynikal.Mindset

Drivers convicted of certain driving-related offences have demerit points recorded on their records. It is a common misconception that drivers "lose" points due to convictions for certain traffic offences. In fact, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on your record for two years from the offence date. If you collect enough points, you can lose your driver's licence. Below is a table outlining the demerit point penalties for driving offences:

from what I read off that its cloudy as hell because it says you have to be convicted for an infraction to get points...so if you arent convicted of an offence until 2 years later that is when points are accumulated

FiveO

Demerit points go away after two years from date of offence, but they are applied retroactively to the date of offence. If as a result of those "new" points you would have been over the demerit point threshholds for interview or suspension at any point of those two years following the offence date, the Ministry will apply the appropriate penalty even if your conviction occurred more than two years ago.

Insurance is different. They start counting their three years from the date of conviction.

zyepher

2.5 yrs later. he probably wont show up..mine didn't show up after 1.5 yr

Midori

well from what I know and have experienced you won t have any time to ask questions. you ll tell you side of the story and he will tell his. Judge will side with either you or with him.

MrX

That would be great! I'd be pretty embarrassed questioning the cop.

Zyepher, thats what I'm hoping for.

zyepher

Yeah man, dont worry about it. probably long gone already

fingolfin

was the radar on a tripod? or was he using it free hand?
ask how far he was when he caught you on the radar
were there any other cars around you?
make sure its in his notes... how did he know he caught you and not a car next to you.

this could work, but it takes time to properly...
good luck man, post up what the result is...

username

Good luck bro. You had not only the time from when you requested the initial trial up to the first court date, but then the next 2.5 years to get disclosure of the evidence against you. The judge will NOT be lenient enough to extend the trial for you to get disclosure now.

Without it, you are basically cooked.

If there was a second cop doing the radar, the cop will either need to be present in court to testify that your car was the car he saw. He will have to have the documentation showing that he wrote down your plate. The way it works is he sees you speeding, writes your plate as he relays the info to the cop doing the stops. So they both have to have your info. If the radar cop has another plate, you're off the hook. BUT, they probably both have your info.
The radar cop could also just sign an affidavit stating that yours was the car.
If you don't have either of the cops notes, it's going to be tough.

After 2.5 years, there is always the chance that the cop has: i)left the force ii)been transfered iii)is busy with another offender iv)isn't scheduled for court that day

If any of those happen, you'll be lucky enough to have the case thrown out. If you're unlucky, they will again post-pone the hearing, and you'll have to go back.

THIS WOULD BE A GREAT OPPORTUNITY TO GET DISCLOSURE!!!!

You could also go in there tomorrow with your tail between your legs, speak to the prosecuter and explain your case. They probably won't believe you, but might offer you a lessor charge.

Good luck!