This is not legal advice.
If you’re looking to fight your own speeding ticket, outlined below are the basics of what you should expect from the process.
1) Pre trial
- At Which you either make any motions (Ie, Motion to exclude witnesses, Motion to Stay, Motion to adjourn, etc)
- Enter your Plea ( Guilty / not Guilty )
- Court Clerk speaks out the details of your offence
2) Prosecution Presents Case Against you
- Police officer on witness stand
- Police officer is asked of any queries associated with the offence
- Accused (you) then have the opportunity to cross-examine the police officer
- Prosecutor asks any other witnesses to take the stand
- Defendant extends to cross-examine the witness
- Prosecutor then makes arguments based away from the accounts provided, proof introduced, pertaining to your guilt of the offence.
3) Defendant (You) Present Case
- Offender “has the option” of taking the witness stand to tell their account of what happened – you’re not providing quarrels while about the witness box, merely details of what happened.
- If the witness box is taken by you, then you are susceptible to cross-examination from the prosecutor. The Prosecutor will ask you questions.
- Defendant can call some of the witnesses to consider the stand.
- Defendant examines the witness with questions.
- Witness is then subject to cross-examination by the Prosecutor
- Defendant then can make arguments based away from all of the accounts given to make their case.
Questioning the disclosure you’ve obtained:
You could get in to detail in requesting how specifically the Police Officer tested the Radar through Trial. But if there’s nothing in the Police Officer’s records to indicate that the equipments was tested by him, you then all through trial should use that as the focus point.
Officer, how long have you been a police officer?
“I have been employed by the police department for 10 years”
During the 10 years, exactly how many speeding tickets have you given out?
“I couldn’t say exactly. ”
How many on average in a month? (Demonstrate how unreliable and inexperienced the Police Officer may appear to be since s/he cant remember or will not know specific facts, so be creative together with your queries.)
Do you remember what the weather was on OFFENCE DATE? (Print off a weather statement for when the offence happened)
“No” (In The Event the officer says yes, you ought to inquire additional questions to find out if he recalls it correctly)
“So you merely testified the accused was driving 126 km/h in a 80km/r zone, is this correct?”
How did you come to know that the defendant was driving this speed?
“I was parked at the corner of Queen St and Main St where the vehicle being driven by the defendant was approximately 500 meters away driving in my direction. I pointed my radar gun towards the vehicle and the reading from the radar indicated 126km/h.”
Was the radar functioning at the time you saw the defendant’s vehicle?
“Was testing performed on the radar?”
If The Officer says “No”, you can end your questioning there and tell the Justice that is all the questions you have. The prosecutor will then make arguments based off of testimony given by the officer/evidence collected to show that you are guilty of the office. This will conclude Stage 2 of the Trial. During Stage 3 is where you would present your case. There would be no need for you to take the witness stand. You will just state arguments for why you are not guilty (I.e., why the prosecutor has not proven its case). You will state there is reasonable doubt that the radar was functioning at the time the officer pulled you over. The officer by his own testimony did not provide any testing of the radar contrary to the Manufactures instructions which state that it should be tested before and after (you will want to show prove off this). And since the prosecutor has not presented any other evidence to show the defendants speed, Section xxx of the Highway Traffic Act shows the defendant should not be found guilty.
If the Officer says “Yes” to the above question:
a) “Can you please describe how and when you performed testing?”
If The Officer does not exactly mention what the radar manual says that needs to be done then follow the steps in the paragraph above.
b) Stop your questioning of the police officer. Say to the Justice “I would like to motion to stay the proceedings”. The Officer has just testified to Testing being done on the radar. With the disclosure material received, the officer notes does not indicate any testing was performed. I asked your worship, that you stay these proceedings due to improper disclosure which is an infringement of my Section 7 Charter rights.
You will also want to come up with reasons why not knowing this before trial has impacted your case.
In order for the crown to be successful with a conviction on a speeding offence, they need to prove beyond a reasonable doubt the following 5 items:
1. The date of the offence,
2. the place of the offence,
3. the driver of the vehicle,
4. the posted speed limit, and
5. the speed of the vehicle.
It is assumed there is no way for you to cast doubt on the date, place, and you being the driver of the vehicle, so the two items you want to mount a defence on, is the posted speed limit and/or the speed of your vehicle.
Posted Speed limit:
– Have you taken a look at Google Maps to confirm the zone you were ticked in?
– Are there any speed limit signs near by that make it “possible” for the officer to have clocked you in another zone (even if the other zone is a lower speed limit zone)?
Speed of your vehicle:
– Part of the prosecutor’s proof of presenting evidence of your speed limit is to show the radar device used was functioning properly. The only way to determine that, is if the police officer has tested it as per the radar manual’s instructions.
– Your disclosure should contain information pertaining to testing performed before & after the police officer clocked you. The next step should be to get the radar’s manual. If you cannot find it online, then you should be able to return to the prosecutor’s office and ask to view the radar manual. Look for pages relating to testing/calibration/maintenance and ask that they make copies of it.
– Part of your defence will be determining if the police officer followed the instructions exactly the way it is written in the manual when it comes to testing.
4) Judgement Passed Down
- Ahead of the Justice of the Peace providing their judgement, Defendant or the Prosecutor have the option of making any final arguments ( you’re not adding new evidence, only to re-iterate accounts which was given.
- Justice makes their judgement with their reason if sentencing if found guilty.
If any of this is too dawning for you, our network of Legal Professionals on Proffered can help you, download our app here.