The above photos courtesy of Danny Ponomar at http://www.dapo.ca/



Monday, October 8, 2012

I have already asked the crown prosecutors office for full disclosure for each ticket, which I have not received yet. That will be my first objection as the trial begins if I don't receive the disclosure.
I also plan on filing a motion in order to publish the disclosure information I receive. I am still looking into the process. Not really sure if I have to file paperwork before the trial to file a motion or just bring it up at trial.
I have planned my defense quite extensively and will explain what happens after the trial is over.
For the crossing the center line ticket I plan to claim that it was possible that someone else could have been driving the vehicle because I was not pulled over immediately after the alleged offence (I was issued the ticket as I returned to the vehicle), therefore there is a reasonable doubt that I was not in fact the offender and it could have been anyone driving my vehicle. I also plan to subpoena the officers partner who issued me the ticket so I have the opportunity to cross examine them, which I should discover through the full disclosure.
I have other evidence to present at trial, mostly related to the burnt out headlight.
I can't wait to cross examine the officer and make him feel like a complete asshole. I was planning on questioning the officer on whether or not he is married, the crown would likely object. I would withdraw my question and ask if I have ever had sex with his wife. Another obvious objection, then I was planning on asking why this particular officer was harassing me, prejudice, etc. I figure that he only issued me two tickets so I won't do that, but had he issued me a third I certainly would have felt harassed.
The fact is I like this police officer and he seemed friendly and nice to talk with. I realize he was just doing his job and answered all of my questions respectfully, but that is not going to stop me from defending myself.
You may think this is a complete waste of my time, I consider it an entertaining learning experience.
Tips for Effective Cross Examination of Police Officers In Traffic Courthttp://trafficcourtpros.com/blog/?p=2111
 

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