Quote:
Originally Posted by Bagor
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.  |
As someone stated, cops are not infallible and do make mistakes.
When it comes to word vs. word, generally, a cops holds more weight. Not only are they usually the only source of evidence, but they have no motivation for lying. An accused obviously does.
If there was a question as to where (or some other lame technicality) the offence was committed and for whatever reason, the JP has some sort of reasonable doubt about the evidence, it will get thrown out. It doesn't mean he believes the accused.
Further, as with judges, JP's tend to be on one side of the fence or the other; pro-police or pro civil liberty. It is kind of a crap shoot who you get.
As far as the comment about being in plain clothes, the JP was way out of line and simply has no clue about the conduct of officers in his own court. Officers are well within their right to choose what they want to wear to court- there is no dress code (other then uniform or business attire with the exception of QB court).
It is a real marvel in these threads how people always tell stories about pulling one over on the cops or the justice system. Like it somehow vindicates what they did. And it is these same people that call foul or cry for justice when someone is killed in a traffic accident.