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作者: eason_c |
Of course I will fight for it, since I don't think I have anything wrong of turning left at yellow light. I have thought of some points already.
1. The officer can't provide any evidents to show I can stop on time in front of the interesection. All he said is "I THINK you can stop on time"
2. Base on Section 128(1)(a), it states that I can still go thru the interesection if the stop cannot be made in safety.
3. There is no way he can tell my speed and braking distance by facing me at the opposite side of the intersection on a bright sunny day.
Can anyone think of some more points, or arguement from the otherside? Thx
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Cops cannot prove what you just said about your having enough space/time to have a safe stop.
However, you cannot prove it either that you, in fact, did not have enough space and time to make a full safe stop. Unless of course, you have taken a picture on your speedometer with environment background to reference of a some sort of video showing that you in fact did not have enough space/time.
OR, you can find a witness on that day at that time witnessing that you did not have enough time/space.
I know that cop was full of crap, but from a legal standpoint, since neither of you can provide an accountable physical evidence OR witness, the chances are, Judge will take whatever the cops says in court, if he does indeed show up.
But, even though you both cannot come with some sort of evidence, and if you provide a sincere submission of reasoning and detailed explanation of the situation and due to the fact that it is, after all, a minor offense that resulted no harm, judge may let you go with a warning, without immediate penalties.
PS. That cop argument on "if i were driving another cop vehicle, you would have stop"... is bull crap. That will never stand more than a "comment" in a court. IF the cop says that in the court and if you provide some smart and sincere reasoning and explanation, the chance for you to win the case is much more likely, because you have demonstrated your ability to present your case with proper arguments and exaplainations.
Do not ever use presumptions and assumptions without evidence/indications that lead to your conclusion.