argyll wrote:Does the act specifically say that the check mark has to be in the box ?
Will your video editor testify that video makes things appear to be moving when they are actually stationary ?
I admire your tenacity but I fear the only person you will be inconveniencing is yourself - the Crown is being paid to be there.
Well, for me, I am not inconveniencing myself either. I do shift work, so I'm off that day. When the insurance company ruled 50/50 fault when a driver struck my car, all the advice on the Internet said, don't waste your time arguing the SGI (Provincial Crown Insurance and License Administer) decision- the judge will always rule with SGI. Couple months later, I overruled their faulty decision in a trial, received my 800 deductible and rental car fees for a month, also the safe driver rating points which were applied were immediately quashed. Plus, I love law, politics and arguing, so whatever occurs, I will make the most of. This is my first time in traffic court, though for years of my life, I've been exposed to Family and Criminal Law, which I use to want to pursue as a career.
The Saskatchewan Summary Offenses Regulations as to what defines "completion of ticket" in the Saskatchewan Summary Offenses Act states that in sector 1 (the part where the unmarked boxes are), the offense must be identified in the space provided, later to say "in form," however one wants to interpret that. To me, it's quite clear, defining a space provided, means the space provided, which in this case is that vacant box the officer failed to sign. There is also Sec 209 in the Highway Traffic Act, which was another option beside the box. The Regulation's even includes a carbon copy of the actual ticket as an example, which I have printed, highlighted and will bring to court.
If I were taking a multiple choice test and answered "A" instead of "C", it would be considered invalid, even if it was obvious C was the most obvious answer and I scored 99% on all other parts of the exam- it wouldn't be allowed an amendment after the fact, even if the test administrator knew it was a mistake?
It's pretty clear that the regulations stipulate, "in the space provided." Not having the box actually checked (at all) should technically render it an incomplete ticket (as per the Act).
Of course, you, I and the judge or JP, knows, that this is a mistake and the officer missed the box. But it still is a clear cut violation of the definition of completion of ticket.
If the JP is willing to comply wholeheartedly with what is prescribed in the law, I feel she will be compelled to side with my argument, which I will prove in court.
As for the video expert, what I'd like him to specify is the grainy frames per second rate. Objects appear to be moving slower and at other times quicker, depending on where the lighting is focused. The video can be crystal clear in the day, or under stationary conditions, as you can see when my vehicle is stopped. Frames per second increase to a fluid stream, rather then pausing and going, etc. So I don't actually want him to testify about the stationary object moving, but to downplay the accuracy of objects that are lit with a dash cam incapable of properly displaying those objects. Even a higher end camera would not do a much better job unless it were stationary, with a very steady hand or a tripod. If you review the lit objects/lights especially, in that video, they appear to be enlarging and blinking, when they are NOT. Also as the officer turns, the camera turns and it can make the objects appear as if they moved. When the passerby motor vehicle at the 40/41 second mark disrupts the camera, the lights distort the cameras accuracy. Just before the passerby's motor vehicle disrupts the dashcam, you can, from a distance, notice that it appears my brake lights were activating. That intersection is a rural like one, the stop sign is considerable ways back from the highway and its sloped.
So what appears to be, is not really so. But again, I hope it doesn't get to this stage. I'm trying to downplay the evidence before its' used in court, with the crown agreeing, to only showing the second alleged infraction in the courtroom, which I would not object to.