I am currently in the process of building my case for a speeding ticket with a radar gun in which the officer has dashcam footage - I received it as part of the disclosure.
#1 - At what point during trial will the prosecution bring up the dashcam footage and use it against me?
#2 - If they don't bring it up, I would like to use it as it plays to in my favor. When can I bring up the dashcam footage appropriately?
Thanks
Search found 12 matches
- Mon Feb 05, 2018 11:05 pm
- Forum: Courts and Procedure
- Topic: When does Dashcam Footage enter court?
- Replies: 2
- Views: 3425
- Thu Aug 03, 2017 9:20 am
- Forum: General Talk
- Topic: How do I file for a Motion for Dismissal?
- Replies: 0
- Views: 2146
How do I file for a Motion for Dismissal?
I requested a freedom of information act from the police for additional disclosure - I explained to the justice that this disclosure is critical for me to provide full defense, justice agreed. The police didn't deliver the request within the time frame they promise, this ultimate resulted me in showing up to trial without the disclosure and being prepared to make a defense. The justice understood and postponed my trial for 10 months. I received the disclosure from the police finally, but after the 30 days they promise. I would like to file for a motion of dismissal (correct term?) for a violat...
- Thu May 18, 2017 10:16 pm
- Forum: Courts and Procedure
- Topic: Speeding ticket Trial Tomorrow
- Replies: 10
- Views: 3631
Re: Speeding ticket Trial Tomorrow
Where is the trial? First of all note that the can NOT raise the speed back up to the original rate until the trial starts AND the officer has testified that you were going the higher speed (it should be in the notes what your original speed was officer clocked you at). If you lose the trial, then they will amend it back up to the whatever the higher speed that the officer testified. Since your disclosure was not ready until yesterday, you can definitely request an adjournment as you have not had time to review it fully and not had time to prepare your defense. You will also want to tell the ...
- Mon May 15, 2017 10:41 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Caselaws for Radar Gun
- Replies: 1
- Views: 2267
Caselaws for Radar Gun
Hey guys,
I'm preparing my defense (trial in 3 weeks) and I'm wondering how I can go about finding good case laws regarding radar gun.
I was pulled 44km over with a HANDHELD GENSIS DIRECTIONAL and I plan to attack every angle of the officer + radar gun.
I've learned a ton from this forum and plan to pay it forward to people in the future with a fairly long post of my case and what I plan to do.
I'm preparing my defense (trial in 3 weeks) and I'm wondering how I can go about finding good case laws regarding radar gun.
I was pulled 44km over with a HANDHELD GENSIS DIRECTIONAL and I plan to attack every angle of the officer + radar gun.
I've learned a ton from this forum and plan to pay it forward to people in the future with a fairly long post of my case and what I plan to do.
- Fri Sep 30, 2016 11:07 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 44km/h over - 5 Great Questions Inside :)
- Replies: 17
- Views: 5007
Re: 44km/h over - 5 Great Questions Inside :)
Wow thanks guys for all the advice! Really appreciate everyone's input. Jsherk, Argyll and Highwaystar thanks for your time. Rank - yeah i was speeding without a doubt, I'm not denying that, I was going 100ish in an 80 zone (late at night) but I was shocked that the zone he caught me was 60, I wasn't even aware of that. I'm not a reckless driver haha. I spoke to my insurance broker and getting a plea is unacceptable for me, here's why - I'm currently getting a 50% discount as non convicted driver, as soon as I get any conviction the discount is removed and I'm paying pull price (or double), an...
- Thu Sep 29, 2016 11:28 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 44km/h over - 5 Great Questions Inside :)
- Replies: 17
- Views: 5007
44km/h over - 5 Great Questions Inside :)
Hey guys, I got some great advice so far on here, thought I would pick your brain a bit more :) I was pulled over doing 44 over, the cop set up a trap on highway 7 right where the speed limit changes from 80 to 60. This was my first offense, he did not reduce it. I have an early resolution setup next week, I don't have any disclosure or notes so I'm not sure what the details of the officer's notes are - I'm not looking for anything other than having the charge fully dropped so a plea is unacceptable. 1) With the above being said, I understand that it's extremely unlikely that the prosecutor wi...
- Mon Sep 26, 2016 10:58 am
- Forum: General Talk
- Topic: Can you request disclosure before Early Resolution?
- Replies: 14
- Views: 6061
Re: Can you request disclosure before Early Resolution?
There would have to be something extremely wrong with the case to have it tossed out before a trial. You did not list any details of the stop, is there something about this that makes you believe it should be thrown out? I don't have any details of the stop as I don't have the full disclosure of the officer's notes, which is the reason for this post. Basically I was pulled over doing 43km over... it was on highway 7, where it's normally 80km/hr for like 8km, however it JUST transformed into a 60 zone and he caught me literally at the transition. He mentioned how fast I was going, but he didn'...
- Mon Sep 26, 2016 10:54 am
- Forum: General Talk
- Topic: Can you request disclosure before Early Resolution?
- Replies: 14
- Views: 6061
Re: Can you request disclosure before Early Resolution?
Thanks guys. I was reading some of your posts Jsherk regarding requesting disclosure of radar/lidar manual. I've learned a ton and I'm wondering if it's a useful strategy to go into the meeting with the prosecutor and perhaps show him that I'm well informed, will not accept a plea, and prepared to battle it out in trial - and that I'll be requesting a ton of things for disclosure that I need in order to make full answer to my charge. Basically I want the prosecutor to get the feeling of "oh man, I don't want to waste my time with this guy, he's going to be annoying and difficult" an...
- Sun Sep 25, 2016 11:47 pm
- Forum: General Talk
- Topic: Can you request disclosure before Early Resolution?
- Replies: 14
- Views: 6061
Re: Can you request disclosure before Early Resolution?
I was reading some of your posts Jsherk regarding requesting disclosure of radar/lidar manual. I've learned a ton and I'm wondering if it's a useful strategy to go into the meeting with the prosecutor and perhaps show him that I'm well informed, will not accept a plea, and prepared to battle it out in trial - and that I'll be requesting a ton of things for disclosure that I need in order to make full answer to my charge. Sounds like you're just wasting everyone's time that day, including your own. You should have just asked for a trial. They are not going to be intimidated by a laundry list o...
- Sun Sep 25, 2016 6:30 pm
- Forum: General Talk
- Topic: Can you request disclosure before Early Resolution?
- Replies: 14
- Views: 6061
Re: Can you request disclosure before Early Resolution?
Thanks guys. I was reading some of your posts Jsherk regarding requesting disclosure of radar/lidar manual. I've learned a ton and I'm wondering if it's a useful strategy to go into the meeting with the prosecutor and perhaps show him that I'm well informed, will not accept a plea, and prepared to battle it out in trial - and that I'll be requesting a ton of things for disclosure that I need in order to make full answer to my charge. Basically I want the prosecutor to get the feeling of "oh man, I don't want to waste my time with this guy, he's going to be annoying and difficult" and...
- Sun Sep 25, 2016 4:11 pm
- Forum: General Talk
- Topic: Can you request disclosure before Early Resolution?
- Replies: 14
- Views: 6061
Re: Can you request disclosure before Early Resolution?
You can request disclosure any time after a charge has been laid...others on this site would have you believe you have to wait until you have requested a trial...not so... Thanks! My meeting with prosecutor is Oct 6 - will I receive it in time? Also, I am planning on submitting a full disclosure request, and aside from the officers notes there are some other things I am going to be requesting (officer used a radar gun, based on some research there's certain things I should request for). Will I be able to get this in time? Can I use any of this to my advantage when dealing with the prosecutor?
- Sun Sep 25, 2016 2:40 pm
- Forum: General Talk
- Topic: Can you request disclosure before Early Resolution?
- Replies: 14
- Views: 6061
Can you request disclosure before Early Resolution?
Hey everyone, first off just want to say how incredible this forum is and how much knowledge is provided. I have a meeting with a prosecutor for early resolution, when I scheduled the meeting I asked the girl working if I can request full disclosure before going to the meeting, she replied no only the prosecutor has the officers notes. My question is - can I request full disclosure of the officers notes before the meeting? The reason being is I'd like to know what evidence there is against me and have full knowledge of the situation before I go in and talk about a plea. For example, what if I ...