Rep Power: 722

i got a problem and can't decide


i received a speeding ticket a little while back. so of course i pleaded not guilty, and got a court date very shortly after.

the court date is set to april 10th 2007, i send the proesectures offices a letter requesting a full disclosure of info such as officer's notes, radar gun, certification, calipration, etc...

and received a letter in the mail not even a week after with the officers notes, and calibrations and the manual for the radar gun plus that the officer is trained to use the gun.

but on the ticket it says the time of the offence is 1:05am, while in the notice it says the time is at 2:05am. and the also says the laser gun was tested at 1:55am and again at 2:15am, and found it to be in working order.


the actual time was 2:05am when i received the speeding ticket (47km/h over speed limit) and it says on the ticket 1:05am

would this be ground for dismissal?

any help would be appreciated, i am trying to fight this on my own, and don't want to go to x-coppers, but i am leaving it for a last option.

Also is it possible to get the court date postponed, by telling them that i won't be in the province for the given date?

thanx for taking the time to read

Nas

 
Rep Power: 0

Hmm.. it's possible that the LEO noticed the time mistake AFTER you received your ticket, and changed the time on his copy, hoping that the JP will allow an amendment if it goes to trial. The JP would most likely amend the citation. Personally, I would object to the amendment because it plays an important role in your defence. You may get shot down on this though.

Proper calibration IS a requirement for LIDAR evidence (unless unchallenged). If the Crown doesn't enter the calibration evidence, then YOU should, during cross. Be sure to comfirm the times, for the record. I'm not sure what the requirements are, but you'll need to find that out (google it).

Don't take the stand. Someone MAY question the time you were stopped. You don't want to lie or enter evidence AGAINST yourself. It's best to just not enter ANY evidence yourself. The prosecution has the responsibility to prove their case. If their case is weak, you have no requirement to take the stand. It would only hurt your case.

After the Crown rests their case, final arguments will be allowed (crown first, then you). Your closing argument should point out that the time on your citation (the actual charging documant), is outside of the calibration times as reported by the crown's witness (the LEO), therefore you request that the LIDAR evidence be omitted and the charge be dismissed (something to that effect).

That's the only chance that I can see at fighting this cite. Others may not concur.

 
Rep Power: 718

The same thing happened to me, once I got nailed for doing 60 over but the time was wrong, so they dismissed it, and the another time I was clocked doing 20 over, the time was wrong but I was convicted. I think what it comes down to is how the judge is feeling that day.