Golluk
Well-known member
Well, I went to trial this morning. Short story, I lost. Charged was amended up to 21 over 3 points (jerks). Officer and the prosecutor offered 15 over, no points.
At first I thought I was in luck, I didn't see the officer in the room. But I took a peak outside and a face looked familiar, he was in a suit this time.
Prosecutor went over the usual questions with the officer, and then it was my turn.
Unfortunately for me, he claimed that his notes said I was the only vehicle in the vicinity at the time. I asked various other questions outside what was written in his notes, and everything he was unsure of as he did not note them.
As his notes said which lane my vehicle was in, followed by only, I asked if that would exclude there being any other vehicles. He claimed it meant no other vehicles period.
I asked him what the tone was when he activated the radar on me, he did not recall, and had not noted it, but said it didn't really matter. I later asked if Hamilton police establish a tracking history when doing speed enforcement. They do. I asked him to describe it, and he did, which included paying comparing the tone to the officers observation.
Afterwards I was asked if I wanted to give a witness in my defense, and I declined. I think I messed up by declining.
Closing statements was standard fare by the prosecution. I started to bring up the officers lack of knowledge outside his notes, and how I had made my own notes of the incident, and there was another vehicle ahead and beside me. The JP stopped me though and said I couldn't bring in any new evidence, I would have had to done that by testifying myself. I had looked into the matter before, and it seemed to be kinda iffy If I could, but I felt like it was reasonable things to bring up.
All that left me with to claim as defense was that the officer did not note the tone, which could bring doubt into the validity of the radar's reading. JP said he felt the officer was qualified and well experienced, and so he didn't doubt the radar reading. And I was convicted.
I knew going in my odds weren't great, but I figured it wasn't a huge increase to get the experience. I'm more upset over my own handling of the defense. I should have brought up my case law I had with me that officers must follow procedure, or the reading is suspect, and pushed the radar tone issue harder. I think I should have been a witness in my defense, so I could bring in the other vehicle, as the officer stated I read as Strong. The officer claimed strongest meant the fastest vehicle, which is not what the manual says. He also said he had checked the device before and after, but it looked like he wrote it down on his notes for the stop. These were not included with the copy of the notes I received.
I suppose I may discuss with that defense lawyer, It may be fun to appeal. I think my trial took about 30-40 minutes total.
At first I thought I was in luck, I didn't see the officer in the room. But I took a peak outside and a face looked familiar, he was in a suit this time.
Prosecutor went over the usual questions with the officer, and then it was my turn.
Unfortunately for me, he claimed that his notes said I was the only vehicle in the vicinity at the time. I asked various other questions outside what was written in his notes, and everything he was unsure of as he did not note them.
As his notes said which lane my vehicle was in, followed by only, I asked if that would exclude there being any other vehicles. He claimed it meant no other vehicles period.
I asked him what the tone was when he activated the radar on me, he did not recall, and had not noted it, but said it didn't really matter. I later asked if Hamilton police establish a tracking history when doing speed enforcement. They do. I asked him to describe it, and he did, which included paying comparing the tone to the officers observation.
Afterwards I was asked if I wanted to give a witness in my defense, and I declined. I think I messed up by declining.
Closing statements was standard fare by the prosecution. I started to bring up the officers lack of knowledge outside his notes, and how I had made my own notes of the incident, and there was another vehicle ahead and beside me. The JP stopped me though and said I couldn't bring in any new evidence, I would have had to done that by testifying myself. I had looked into the matter before, and it seemed to be kinda iffy If I could, but I felt like it was reasonable things to bring up.
All that left me with to claim as defense was that the officer did not note the tone, which could bring doubt into the validity of the radar's reading. JP said he felt the officer was qualified and well experienced, and so he didn't doubt the radar reading. And I was convicted.
I knew going in my odds weren't great, but I figured it wasn't a huge increase to get the experience. I'm more upset over my own handling of the defense. I should have brought up my case law I had with me that officers must follow procedure, or the reading is suspect, and pushed the radar tone issue harder. I think I should have been a witness in my defense, so I could bring in the other vehicle, as the officer stated I read as Strong. The officer claimed strongest meant the fastest vehicle, which is not what the manual says. He also said he had checked the device before and after, but it looked like he wrote it down on his notes for the stop. These were not included with the copy of the notes I received.
I suppose I may discuss with that defense lawyer, It may be fun to appeal. I think my trial took about 30-40 minutes total.
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