Courts and Eye Witnesses - Page 2

Blackedout95 · 08-18-2010, 09:13 PM

Sneak, did you also receive a fine $400?, if so you didnt pay it, did you?

From what Ive read even a lessor offense can mean 4 points and liabilty to future civil suits. Its BEST imo to get legal rep and FIGHT it out right. Making lessor charge plea the last resort. jmo

Heres a good link, take the free consult.

http://www.torontotraffictickets.net...ss-driving.htm

DINAN 3 · 08-21-2010, 11:47 AM

Guys.....OP is not disputing whether he's at fault...rather whether his driving merited the "careless" driving charge.

IMO, your witness should testify that the driver in front of you should be the one receiving the careless charge, cause his unexpected slam on the brakes was completely unwarranted.
If he managed to stop in time, before entering the intersection, then your argument wouldn't hold ground, but from your description of his location, it seems that he's the one that was out of control.
If one can't stop in time at an orange light, one has to proceed through, to clear the intersection.
Instead.....this guy slams the brake...slides into the intersection...comes to a complete stop in the middle of the intersection...blocks traffic...probably with plans to throw it into reverse...to get back behind the line...which is a big

.
Your witness should state that there was ample of time for the both of you to clear the intersection during the orange light, but that didn't happen because the dude in front of you panicked and slammed the brake like a maniac, in wet conditions.
That cop wasn't present during the incident, so I believe that an eye witness' testimony would be more reliable to determine whether you drove carelessly.
I would hammer that point, indicating that what's careless is the cop not taking a statement from an eye witness, while charging you with such a serious charge.

bmdbley'sBro · 08-21-2010, 01:29 PM

Quote:

Originally Posted by DINAN 3

Guys.....OP is not disputing whether he's at fault...rather whether his driving merited the "careless" driving charge.

IMO, your witness should testify that the driver in front of you should be the one receiving the careless charge, cause his unexpected slam on the brakes was completely unwarranted.
If he managed to stop in time, before entering the intersection, then your argument wouldn't hold ground, but from your description of his location, it seems that he's the one that was out of control.
If one can't stop in time at an orange light, one has to proceed through, to clear the intersection.
Instead.....this guy slams the brake...slides into the intersection...comes to a complete stop in the middle of the intersection...blocks traffic...probably with plans to throw it into reverse...to get back behind the line...which is a big

.
Your witness should state that there was ample of time for the both of you to clear the intersection during the orange light, but that didn't happen because the dude in front of you panicked and slammed the brake like a maniac, in wet conditions.
That cop wasn't present during the incident, so I believe that an eye witness' testimony would be more reliable to determine whether you drove carelessly.I would hammer that point, indicating that what's careless is the cop not taking a statement from an eye witness, while charging you with such a serious charge.

lol maybe he and the witness were Lucky the cops weren't there..
(I know this will drive some emotional disturbed members over the top - but this stuff really happens - so is it my fault?) look at what happened to this 'Witness'

Quote:

Mark Ashford was walking his dogs near 20th and Little Raven, when he witnessed police pull over a driver for failing to stop at a stop sign. He told the driver he saw him stop and would be willing to testify in court.

His attorney, Will Hart, said the police officers overheard Ashford's comment and "weren't happy about it."

http://www.kdvr.com/news/kdvr-respon...,3540444.story

Video of the severe beating of the witness
http://www.kdvr.com/news/kdvr-second...,3693269.story

Sneaky · 08-24-2010, 01:37 PM

Thanks for the replies everyone. I got the charges dismissed. I cant really share the details since apparently cops are reading this forum. lol

And blackout, yes it was a 400 dollar fine and another 180 dollar fine because I didnt have my license on me. (left it in my jacket at home) but I got both dismissed.

Just wondering, since I got off, does this effect my future insurance? I got off but I DID get in an accident.

NOTORIOUS VR · 08-24-2010, 02:13 PM

You insurance will get effected if you have made a claim

Dr. Flyview · 08-24-2010, 04:59 PM

Quote:

Originally Posted by Sneaky

Thanks for the replies everyone. I got the charges dismissed. I cant really share the details since apparently cops are reading this forum. lol

So what? Nothing illegal about disclosing what happened in a public court.

gervs · 08-25-2010, 09:00 AM

What happend to your friend who rear ended someone at a yellow light? How did HE get off?

Sneaky · 08-25-2010, 02:46 PM

LOL Fine.

So basically I went to court and when I got there there was only like 3 people and one was a cop. I assumed maybe my cop didn't show up so i was feeling optimistic. My witness lived about a block from the court so he would be there momentarily.

I told the Crown Attorney that I have a witness prepared to testify and the clown was actually nice compared to most who want to pressure you into making a deal.

Court starts and I dont see the cop anywhere so I'm actually getting excited, Im thinking 'I didn't need a witness anyway'. A second later the door opens and Im expecting it to be my witness but its actually the cop.

Im all scared cause my witness still hasnt shown up and the cop is looking at me like

. Then she starts talking to the Crown.

Right after that they call my name, I'm shitting bricks because my witness still hasn't shown up. I didn't know what I was going to do. But apparently the cop came there with no evidence or statements and I proved I have a license so they dropped dismissed both charges.

I talked to the cop after and she tried to make it sound like she was doing me a favor. I just thanked her and said good bye.

Witness finally showed up about 15 minutes late and I told him the good news. He was coming with his gf who was also there and could potentially testify but she took forever to get dressed. We all went for a coffee after and I thanked them again for going out of their way to help me. I offered to pay for the coffee but they declined. They were so nice.

Blackedout95 · 08-25-2010, 03:31 PM

Wow, lucky day! Glad to hear, maybe the cop wanted to ride in the blackout lol

gervs · 08-26-2010, 09:55 AM

She probably just put the charge onsite because she felt she had too, and as you stated earlier she told you to fight it knowing she would get you off (legally) lol.

Glad to hear about the good news though.

bmdbley'sBro · 08-26-2010, 05:58 PM

hey right on sneaky

well since this thread will now probably fade out i'd like to post the 'short edit version' of some1 near & dear to me getting pulled over arguing with cop & Not getting a ticket.

its not in this edit of the vid - but the cop before making a u-turn and chasing after mon chum he had driven at them- head on, with his spot light blarring in their faces - we'll never no why?

epic accent eh?