Re: Options In My Trial For 28km/h Over
EDIT: CORRECTION: Note that for my last response, before the prosecutor makes their closing statements, you will be asked if you want to call any witnesses. So this is where you may get on the stand and give your side of the story, and/or call a witness for your side and ask them questions (this is your examination in chief, so no leading questions here). Then the prosecutor gets to cross examine you and/or your witness with leading questions. Most of the time you should probably NOT testify as you will most likely only hurt your case and help theirs (this is your right not to testify against yourself). The only times you should testify is if you truly believe you are completely innocent of the charge (well there are a few other reasons, but for absolute liability offences like speeding you need to either believe you are completely innocent, or that your life was in danger, otherwise keep your mouth shut).
Now back to your last question...
Nothing YOU say in cross examination is evidence.
But cross examination is very tricky because what the officer answers IS evidence. So if you ask the wrong question the wrong way, then it can actually strengthen their case against you instead of helping. There are some good links on cross examination in this thread:
http://www.ontariohighwaytrafficact.com/topic7041.htmlLeading questions are usually the better choice but not always. It depends on what you are trying to achieve. And good rule of thumb is to NOT ask a question, you do not already know the answer to. So "How far from the overpass was it when you stopped my vehicle" would probably be a bad question if the distance is not in the officers notes, because he could say 500 meters or 5km but you don't know. So the better question might be "Would you say you stopped my vehicle about 1km from the overpass?" If he says YES then you ar good. But what if he says "NO IT WAS ABOUT 500m"? Well now what do you do? Did this help you or hurt you?
Anyways read those articles!