1) This is irrelevent to her charge and wont help you.cozzy13 wrote: ↑Dec 21st, 2017 6:22 pmHey, so last February wife was pulled over for disobeying a stop sign. We requested disclosure early sept and they finally provided it last week. Unfortunately on the video you can clearly see that she did fail to stop, my questions are as follows.
1) we have video evidence of the same cop on the same corner performing the same infraction not even 10 minutes after the ticket was written. Is this a viable defence?
2) the officers notes state that he witnessed the tires in continuous motion. He was at least 50 feet away there were snow banks obstructing half the tires and it is black wheels on black rims so no way you can see the wheels in motion I tried.
3) in the video before he pulled her over but after he turned on his lights you can hear him say "oh this isn't going to happen" and "yes!" When she pulled over. Is there any defence round prior malice relating to these statements?
4) during my time observing him after the ticket was written he went after 2 other vehicles but returned in under 30 seconds indicating he obviously failed at pulling them over.
Is there any defence around these people can think of that would prove useful? Not this is in Ontario and court date is 51 weeks after the ticket ( maybe request a stay sighting 11b?) Thanks in advance.
2) But you said the video shows she did not stop, so with the officer testimony AND the video she will be found guilty.
3) This is irrelevent to her charge and wont help you.
4) This is irrelevent to her charge and wont help you.
There is basically no chance of beating this ticket, except if the officer does not show up (which is very very rare).
The ONLY chance is that an 11b might be succesful, but they raised the time to 18 months (R v Jordan), so would take somebody really good at arguing the defense in court to possibly beat it at the 11-12 month range.
See this thread:
ask-me-anything-about-fighting-your-tra ... #p27683529
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.