juliavanz18 wrote:I requested disclosure about half a year ago as the notes were not at my meeting with the prosecutor, now I am going to trial without notes as they still do not have a brief, in two weeks and feel very unprepared, but innocent.
So if I understand this correctly... they still haven't given you the officer's notes and a copy of the collision report? That should've been easy. On the day of trial, explain that you haven't received disclosure. (How many requests have you made?) The JP should order them to produce the requested material and charge the delay to the Prosecutor.
Careless driving is a serious charge, but the difference is, you were on a bike. They have to prove beyond a reasonable doubt that you were riding in a manner that was a departure from the standard of care of a reasonable and prudent cyclist. They'll need the taxi driver present, otherwise they have no witness (I'm assuming.) If he doesn't show up, odds are they will withdraw the charge.
If it goes to trial, you want to either show that the cab driver's testimony is unreliable, or that he was acting recklessly. (Which, it sounds like he was.) Some questions that you may want to ask him when you cross-examine:
- Where was the impact on your cab? Are there any photos? (This is trying to prove he sideswiped you as opposed to you running into his rear end.)
- When did you first see the cyclist approaching your cab?
- In your experience, how many cyclists drive right into the back of a stopped cab? (You're allowed to ask leading questions since you're an unrepresented defendant. The point of this is to try to illustrate his lack of awareness.)
- How many other vehicles were in proximity to your cab when you moved over to pick up the passenger? How fast were you going? Did you activate your turn signal when you pulled over? (You're trying to prove his memory is faulty.)
Or, you can try to revisit some of his initial testimony and see if it becomes inconsistent upon your cross-examination.
If you plan to testify, my recommendation is to rehearse, preferably with a friend asking you questions. What do you remember? How exactly did it happen? What other details can you recall? A concussion does affect memory, but if you revisit the collision scene, it may help jog it a bit (well, it can also induce anxiety, so only do this if you are up to it). Write down some notes on what happened while you're there. Also, visit the courthouse to see what happens in trials. Your testimony, since you weren't doing anything wrong, should paint a picture that you were riding responsibly when Mr. Cab Driver cut you off and you had no chance to avoid the collision. If you act composed and controlled, and you are not shaken on cross-examination, the JP should dismiss the charge. Worst case scenario, if the JP rules against you, you can always appeal and get it heard by a real Justice.
I'd also recommend looking at www.canlii.org which has case law that may be relevant to your charge.
I'll let the others chime in now.
Good luck...
