If you were caught on a Camera.
The police MUST send you a notice of intended prosecution within 14 days. If they do not, the case is a nonstarter.
Preparing for Trial Examine the ticket a few times. Look for mistakes on the ticket such as a wrong name, time, date, or location. If there are any, you should tell them to the magistrate. Gather evidence, you should write to the police and ask for at least the following items:
- Full copy of the Instruction manual for the RADAR/LIDAR device used.
- Copy (both sides) of the calibration certificate.
- Details of the training (copy of certificate if there is one) given to the officer in the use of the PARTICULAR device.
I also recommend that you return to the scene and take pictures of the area, including any signs which indicate the law. Make sure that your pictures are clear. DO NOT use a digital camera, to the best of my knowledge its not admissible.
If the Crown Requests an Adjournment
An Adjournment is a postponement of the original trial date. The prosecution may ask for an adjournment because the officer cannot appear on the trial date which was set. If possible DO NOT agree to this, tell the judge that you had to take a day off work to appear or something (try not to lie.).Make note of any irregularities in the procedure in your statement to the judge. Irregularities include things such as the wrong ticket number printed on the notice, a silly reason for requesting adjournment (such as a planned holiday, which the police should have known about before setting the date), or receipt of the adjournment notice too close to the trial date. It is possible that if you protest the adjournment, it will be denied. In this case (no pun intended) the charges should be dropped since you can't have a case without the officers presence.
In Court
Check in with the prosecutor and usher and make sure you are on the case list, and that he knows you have appeared for trial. This is just to make your presence known, and hope that may offer a plea bargain at this point, which you could consider. He may not.Look for the officer. If he doesn't appear, the charges should be dropped. This is where it is handy to reference the physical description you should have taken at the scene. If the officer does appear he may approach you and ask to talk to you before the trial. You don't have to, but it is polite to. Ask him to withdraw the charge. He won't likely do that. DO NOT indicate your strategy to him, or show him any notes or pictures. Keep this stuff in a manila envelope or briefcase so that it is out of view prior to the actual trial.
Cross Examining the Officer
This is your chance to put your notes and pictures to work. Ask the officer questions about the day to establish whether he really remembers the incident and you. If he doesn't seem to, ask him directly whether he really remembers what happened that day. Destroying the officers credibility is an excellent way to get acquitted.Ask about the radar or lidar equipment. If the officer refused to demonstrate the calibration, ask why and demand to know if the unit was truly calibrated. Each situation is different, but you should be able to use your notes to develop a strategy which insinuates that the equipment used to clock your speed was not accurate. If you achieve this you will be acquitted.Ask the officer about the laws in the area. This includes turn controls, signaling devices, speed limits, and so on. If he doesn't get it right, use your pictures of the area to prove that he is wrong. Showing that the officer does not understand the laws in effect in the area is another good way to reduce his credibility as a witness against you.You can try to go for the attack that the clocking may have been racially motivated. THIS IS VERY DANGEROUS and proceed with caution. If all goes well, you may make the officer lose his cool and throw a wobbly, this will drop his credibility. Or you may end up with a charge of contempt. Personally, I would leave this side of things unexplored.
Courtesy and Appearance
Do not underestimate the impression of a shower, clean shave, haircut, and nice suit and tie at the trial. You will look more innocent in this type of dress, and your chance of acquittal or fine reduction will be improved. You must also be courteous to the judge and officers of the court. If you make the judge mad, you will be convicted, so don't make him/her mad.