I would plead NOT GUILTY and tequest a trial with the officer present. Once you get your Notice of Trial, then you yes you should request disclosure (copy of officers notes).
At trial, it will go something like this:
- Call you up before JP and read the charges and ask How do you plead? Not Guilty
- Prosecutor will call up officer who will get on the stand and pretty much state whateve is in their notes.
- You then get to cross-examine the officer. So the main question you want to ask is something along the lines of
"Can you describe to me how an emergency vehicles headlight highbeams alternate when emergency lights are activated?"
"Do both headlights go to highbeam at the same time?"
"So did you see the HIGHBEAMS of my vehicle alternate in the same fashion as how you described the emergency vehicles headlights, or did the headlights of my vehicle both go to highbeam at the same time?"
- You say no more questions and sit back down.
- They will then ask if you want to call any witnesses. Just say no.
- They will then ask for submissions. The prosecutor will make all the points for their case, and then you will get to make your submissions as well. Your submissions will be something like:
"First of all the officer described my headlights going to highbeam together, and not in the same manner that an emergency vehicles highbeams would alternate from one side to the other seperately."
"Next, Section 169 of the HTA is specifically prohibiting alternating highbeams that mimick an emergency vehicles when responding to an emergency, and again my highbeams did no mimick that behavior."
"Next, Section 169(2) of the HTA specifically is a charge for ALTERNATING HIGHBEAMS. My highbeams were not alternating, they were working together and doing the same thing at the same time. For the highbeams to be alternating, only one headlight would be highbeam at a time and then it would alternate to the other headlamps highbeam."
"Lastly, the charge is NOT for headlights that alternate between highbeam and lowbeam. Again it is specific to the highbeams themselves that must be alternating back and forth."
"The prosecution has not proven their case and you should find me not guilty. Thank you."
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.