OHTA.ca

Hi

Not sure of the proper terminology, but is it possible to prove the Officers notes are not accurate and have them thrown out?

For example, if the offence notice has additional information on it that is not necessarily required, yet is incorrect (wrong make/model of vehicle), and after requesting disclosure, I noticed the officers notes also have the same incorrect make/model of vehicle, can this be used in anyway to have the notes thrown out or invalidate the officers testimony?

Thanks

No. The officer is in his right to write down anything he chooses, whether you believe it is right or wrong. He did not gather that information by breaking into your garage or getting a statement against your will. If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense.

@bend said " If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense."

This is kind of what I was asking about (although I did not say it very well) ... so do I want to show that the officer's testimony is unreliable because of this? Is there a specific legal term I can search for case law (I dont know what this called so it makes it hard to find what I am looking for).

Thanks

You can suggest to the court that an error in the notes throws the rest of his or her testimony into doubt, but courts also accept that people are human and make mistakes. Notes are an aid to memory, not the testimony itself.

I found the following article on cross-examination:

It was very helpful in giving me ideas on how to question the officer, and I can hopefully bring his testimony into question.

I also found this site to be helpful:

And of course:

yeh got pulled over in my GTi-R Pulsar a few years back. Officer wrote it was a "Nissan Hatchback" He also refused to step the the right hand side of the vehicle and kept talking to me through the passenger window on the left haha. cops hate rhd