SOme hard and fact info for those who wish to dispute motorvehicle allegations.
In September 2001 I was charged with Speeding and an Illegal pass just b4 Pemberton. I went to court today and was aquitted on both of em. Why well when I first showed up the officer tried to bargain with me and said he would drop the pass if i pleaded guilty to the speeding, i asked to see his evidence and he showed me.
After a police officer asserts you are speeding or not driving correctly you both go through the ticket exchange, after this he then diarizes what transpired. This written information is then used as his evidence.
He stated in the witness stand that he is able to estimate a persons speed visually, and then confirm it with the laser/radar tools, in my case he asserted that i was doing 120kms, the lasr/rdr stated 110kms, and when he approached me on the road he stated to me 100kms(a varience of 20kms) In his own evidence(the diarized info) he stated that he lost site of me for about a minute or two. My argument was that if he lost site of me, how could he assertain that I performed this illegal pass? (this is a pretty good argument) And subsequently due to the lack of substance for the illegal pass, and the variance of alleged speeds, how "justifiably" can we determine what my speed was.
The judge aquitted me on two points The first being that I crossexamined the officer and re-iterrated the lost site, variance of speeds etc, and was quite detailed in my own evidance.
Secondly and MOST IMPORTANTLY the officer did not cross-examine me, or my testimony, and by doing so the evidance that I put forth was unquestioned. Therefore the way it happened without question was the way i told the story.
Pretty simple theory, if a witness gives testimony and it is not questioned it is deemed as fact 100%,
Im no lawyer so i may be wrong, in some of my interpretations, but hopefully this experiance will help you all in your case ('s)