Saturday, April 3, 2010

Innocent Until Proven Guilty

If any of you follow me on twitter you would know how scared and nervous I was about my court date. Read below the details of it... oh and follow me on twitter @davon_a


So I get pulled over for going 89k and the speed limit is 35k –

Below is everything from the traffic stop to court…

So I get pulled over. The female officer approaches my car -

Her: Where is your liscence
Me: Good evening to you too officer
Her: Give me your liscence and registration. (I hand it to her)
Her: Get out of your car walk to the back and spread your feet (I do so)
*I thought I was being arrested. Why did I have to get out?*
Fast forward 5 minutes her asking me my details etc.
(She fills out ticket and hands it to me to sign – I sign the ticket)
Me: I must say you are very rude and unprofessional
Her: How am I unprofessional?
Me: A good way to start the process is to say good evening and ask for my information politely you were rude abrupt and unprofessional.
Her: I am not obligated to tell you good evening. My job is to issue you a speeding ticket. You however are obligated to respect the law in regards to the speed limit…[I cut her off]
Me: I may have been speeding however that does not excuse you from being unprofessional. I am sure your mother taught you manners, so use them!
Her: There is no need to be going that fast you could have killed yourself or anyone else…Look… I am not going to argue with you. If you have a problem with me or the ticket I will see you in court.
Me: There you go being unprofessional again…
Her: I would suggest you get in your car and leave. Do you know I could place you under arrest?
Me: Arrest me for what?
Her: Speeding that fast is an arrest-able offense
Me: I know the law. You can not arrest me for just speeding.
Her: Well I can arrest you for driving without due care
Me: That’s not what you issued the ticket for. I signed the ticket for speeding at 89K – Therefore you can not arrest me for that.
Her: Look if you have a problem with me or the ticket I will see you in court. (She walks away)

FAST FORWARD a month

I am in plea court – I have to answer Guilty or Not Guilty – They call my name and I plea Not Guilty. This means they have to schedule a trial date with a judge, the prosecution and the police officer has to come and testify. You know; all that good stuff. Now I have a trial date. I already have 7 demerits when you reach 12 you are off the road for at least a year. – I get a trial date.

FAST FORWARD another month – Trial Date

Judge: Case number ‘blah blah’ ticket number ‘blah blah’.
Prosecutor: Your Worship – I would like to have this case adjourned until a later date as the two police officers have not shown up.
Judge: Why have they not shown up? Have you tried contacting them?
Prosecutor: Yes Your Worship. They told me they would be here.
Judge: The defendant is here, I’m here but you are not ready. Have a seat.
Judge: Sir, the prosecution has filed an application to have this case adjourned. Is there anything you would like to say?
Me: Yes your worship. I move to have this case dismissed.
Judge: On what grounds?
Me: Your worship; It is quite clear the prosecution doesn’t have a case against me. I don’t know about you but I find it extremely disrespectful that they are here wasting your time my time and the courts time. I had to take off time from work to represent myself and they are not ready to present. Your worship please do not put us all through the agony and waste our time again because the prosecution is ill prepared.
Judge: Have a seat sir.
Prosecution: Your worship the defendant has 7 demerit points already. Clearly he is a danger to himself and other road users. I urge you to adjourn this case until a later date. Someone this negligent should not be let off.
Judge: Sir, would you like to add anything before I make my decision?
Me: Not at this time your worship

FAST FORWARD – 10 minutes.

Judge: In case number ‘blah blah’ ticket number ‘blah blah’ – The crown’s counsel has submitted an application for this case to be adjourned until a later date. I have denied this application. Reason being both officers have not shown up. Should at least one have shown up I would have granted their application for adjournment. Since both have not shown; I am going to grant the defenses application for dismissal. Mr. {Last name} – You are free to go.

Me: Thank you Your Worship!


Not that any of you care but I was excited lol….. So I thought I would share…