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Originally posted by inglewood@Feb 13 2003, 12:31 PM
Well for starters, first thing you should do is NEVER make an admission of guilt...don't lie either, but even on this post, don't state that yes, I am guilty as charged. That can be used to incriminate you. Number two, going to court and fighting the ticket is not being dishonest, it's just making sure that proper procedure was followed and that in fact you are guilty. It's your constitutional right.

You should also remember that going to court and taking on the legal system is no easy task. It takes research, and hard work. I been there before fighting a ticket of my own. And don't hirt a lawyer, a $78 ticket is not worth the $1000 lawyer fee...over-priced bloodsucker bastards.

Now when you're in court, there will be some procedure to follow, and remember, dress accordingly, the judge will be impressed and maybe go a little easier on you if you're wearing some formal attire. Yes, you can wear a T-shirt and jeans and still go to trial, but remember presentation is what matters now.

Don't expect the cop to NOT show up, if in the rare occasion he doesn't, they'll more than likely just put the court date off to another date, the chance of having the charge withdrawn at this stage is quite low.

Make sure you COMPLETELY understand the charge. You're charged with speeding, but under what statute. They have to prove undeniably, that not only were you speeding, but also that you were at the location and the specified time. Because this is not a personally addressed ticket to yourself, they need not prove that you were the OPERATOR at the time, just that your vehicle was at the specified location. In summary, there must be evidence to prove that the offence occured at the time and place as written on the ticket. That you were in fact travelling on a provincial highway/road. And also that you were exceeding the speed limit. Now, when you're in trial, pay attention to these details. The Crown has to establish a prima facie case, which means proving EVERY aspect of the charge as I stated earlier. These are some details you should listen carefully for while the crown questions the officer:
1) has the prosecution identified that the vehicle is in fact a motor vehicle.
2) has he identified that the vehicle was the one cited, with the license plate, model and color the same as the one on the ticket?
3) what province is the plate registered in?
4) has the prosecution testified that the defendant was travelling on a provincial/municipal highway (street, avenue, road, etc.)?
5) how fast was the defendant travelling?
Check these off as the officer is examined, if he misses one, wait till the closure of the Crown's case, and move for dismissal. When the Crown's case is closed, the court usually doesn't allow it to be re-opened again. However, if you don't move for dismissal, but later testify yourself and fill in the missing info, a conviction will follow.

You will also get to cross-examine the officer. This is payback time now. Ask him detailed quesitons about the event. Ask him about calibration records, his training pertaining to the use of photo radar devices, etc. Attack every possible detail.

DO NOT testify yourself, while it's not true that the judge ALWAYS takes the officer's word over the defendants, you are under oath, and lying under oath is perjury, an indictable offence punishable by 14 years imprisonment...not worth it for a simple speeding ticket. Second of all, unless you have a witness to confirm in fact what you are testifying, it's very unlikely that it will carry any weight whatsoever in the final decision on the charge.

There's a lot to do to prepare for trial. And remember you will miss school because court is only during the week and during the day. Anyways, hope this lengthy post has helped.

Good luck.

Jacques B)

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Originally posted by schlong69@Feb 13 2003, 03:55 PM
[ALSO REMEMBER THAT THIS IS NOT A CRIMINAL TRIAL!!!! crown prosecutor....umm no......cop...ummm double no.... this is not a criminal trial.....its just traffic court :wacko: .

Just remember that the "cop" shows up they have huge blown up full COLOUR pictures unlike your small black and white 5x5 pic. Reseach yes but don't prepare for it like a friggin criminal case. ITS JUST A SPEEDING TICKET. just $$ no demerits.

69

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