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  1. #1
    Join Date
    Aug 2007
    Posts
    1

    Default Eye Witness Careless Driving Charge in PEI

    I recieved a call from RCMP to speak to them about a driving complaint. Apparently someone had complained that I passed them while driving over a bridge at the bottom of a hill which is also on a slight curve doing at least 110km (eye witness said they were going 80km, posted speed for the bridge is 60km because of the corner, road there has double solid line). It was stated that they were the leading car of two that I passed and that I almost hit an oncoming vechile. The statement said that they had my license plate number and a description of me. At the top of the hill about 1.5 kms down the road is a corner store. The eye witness said that I then pulled into the corner store and went inside. I can get pictures of the bridge in question if my description doesn't make any sense.

    Wether or not this happened to the person on the bridge i'm unsure, but I know that I did not pass two vechilces on that bridge, that bridge has always been unsafe and I always use caution and follow the speed limit plus I am 4 months pregnant and would not endanger my unborn child in such a way.

    Also, I am doubtful that any vechile could make that corner on the bridge doing 110km added to the fact that my rear sway bar was not attached properly (bolts that hold the bar up were broke).

    The corner store in question is very close to my home and I go there on a daily basis, sometimes three or four times a day. Its possible that a car similar to mine passed that vechile on the bridge and by the time the eye witness got to the corner store they saw me entering, assumed it was me and pulled in to get my plate number while the offender continued on towards the next town.

    I personally doubt the ability of someone in the eye witness's situation to be able to get the license plate number of a vechile in that situation. If i was in his shoes and realized that the vechile passing me was about to have a head on collision I would be thinking more about preparing myself to avoid an accident than catching a speeding cars plate number.

    At this time I am unsure of time of day the event was supposed to have occured so not sure if amount of daylight could of been a factor also.

    The officer said that a ticket will be issued and that if i wanted to contest it I would have to go to court (which I am going to do for sure). I am a bit taken back that a ticket could be issued in this manner. If this is right I could make up reckless driving stories about people to get them charged.

    In 15 years of driving I have had one speeding ticket (when I was 16) and was in one traffic accident where the officer at the scene said there was no fault in either of the drivers but was the fault of the driver that speed away from the scene.

    What are the chances of my being prosecuted on what I see will end up being a "he said - she said" situation.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eye Witness Careless Driving Charge in PEI

    If the officer is correct, there is a 100% chance that you will get a ticket. If you fight it in court, it is reasonable to expect that they will have to produce the witness and you can challenge their observations and memory. I don't know PEI traffic court procedures, but you may be able to find some information on the court's website or from a local lawyer.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Eye Witness Careless Driving Charge in PEI

    I would think that if the witness shows up, you could impeach his judgment without too much trouble. After all, has this person been trained to visually estimate speed? I would make a list of questions that pertain to the allegations and I would also slip in a couple that the witness couldn't possibly know the answer to. It's hard to think you could be convicted based upon the supposed observations of a laymen who's motivations can't possibly be determined. But...you're in Canada, so who knows?

  4. #4
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    174

    Default Re: Eye Witness Careless Driving Charge in PEI

    Just wait for the ticket to arrive. Follow the instructions on the back and plead not-guilty. Make a copy of the ticket for yourself then take the original to the courthouse (address on ticket). Ask the clerk for a form for Disclosure Request. This request will see that you recieve all the evidence the Crown will put forth against you. The most important document you will receive is the written statement made by the witness. Prepare your cross-examination based on this document.

    Revisit this thread when you receive your court date and Disclosure. DO NOT let the Crown convince you to plea bargain BEFORE you get the disclosure. Crown attorneys know darn well that regular citizens make crappy witnesses (on the stand) and they'll do anything to avoid a trial based soley on their testimony.

    In the mean time, relax and try not to get stressed out. The outlook is good if you play your cards right.

    Interesting that the witness admitted to speeding (significantly) to the cop. I wonder if he was charged??

    Book

    Typical Disclosure Form:
    www3.sympatico.ca/sean.kathy/disclosure.pdf

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