Quote:
Originally Posted by burn_this_city
As soon as the cop signs that line that states he/her swears that offense occured at such and such a time I believe the burden of proof shifts to you.
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Don't think so. I was in a case where it came down to my word against the cop and the judge threw it out.
I fought a red light when I was in Calgary.
Cop got up, gave his statement and messed up. He said the incident happened on 20ave and 19th St NW when it indeed happened on 24th Ave and 19th.
I questioned him on not even having the location right, his face dropped and he realised he'd screwed up so he started lying through his teeth and he insisted he was 100% sure he was right. I again called BS to the judge. was sure I was right and persisted, saying I had come off Crowchild. Cop insisted he was right. Nothing else, just my word against his.
A lot of I'm right, No I'm right back and forward. Judge disappears out back to look at the map.
Comes back and says that if he can't even determine where the offence happened then he can't even begin to start to make a decision never mind hear the case regarding the light. Says he was inclined to believe me as coming from 20th onto 19th is pretty much a dead end. Questioned the cop on his record keeping (cop started by saying that he was sitting writing up previous tickets when I ran the light).
Finished up as an aside by asking the cop why he wasn't in uniform. Cop said it was his day off. Judge says he couldn't care less and that he was giving evidence as a cop and not to enter his court in casual clothes again.
So, if I ever get done for a red light again my first defence would be Huh? It wasn't even that junction.
