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following too closely

Salos Dafee said:
I still think that the crown needs some reliable testimony about the OP's following distance, and nothing I have read in this thread suggests who will provide that testimony.

Imagine the driver in front saying, "He was following me so closely I was uncomfortable." Remember, drivers use mirrors to see behind them, and on the mirrors there is often a warning that cars may be closer than they appear. This disclaimer is necessary because the mirrors are curved, and the curve distorts the image, either magnifying or reducing it.

There are several things that are important when defending yourself in court.

1. Respect the magistrate or justice of the peace who is presiding. Address that person as "Your Worship" (or whatever term of respect you hear police or other staff use). When the magistrate says you can question a witness who has just testified against you, make sure you face the witness and ask questions. For example, "Can you tell us how many car lengths behind you I was?" and not "Well I made sure to leave a proper distance ..." because your story will be interrupted because you are allowed ONLY to ask questions.

2. Dress neatly and stand when called and speak in a distinct voice.
Try to act professionally.

3. Remember that this proceeding, while new to you, is dull as dishwater to most of the people in the room, and try not to waste their time. If you show up early, you can watch other people and learn a lot of things not to do.

4. If you lose this case, which you should not do from what I have read, try to see what went wrong, and how you can prevent a repetition. I have defended myself against quite a lot of charges in Toronto, and I lost some I should have won, but by and by I learned to win several I should have lost.

Best of luck, and please report what happened.
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Thank you for your advice. It is very very much appreciated.

I have mentioned a few times on this forum that I am a 911 dispatcher. I do know Police laws and policies as well as decorum and I am an extremely well spoken and polite individual. My only set back is that I look much younger than my 31 years of age.

I have spoken to a senior constable/officer that I work with and he said the charge shouldn't be difficult to fight. He said that there is essentially no proof that I was "following too close" as there are no witnesses and the collision itself is not in itself proof. Even if the very nice gentleman in the other vehicle attended court, he only has what he saw in his mirrors and that the view in said mirrors are not accurate enough to judge distance.

hedo2002 said:
To the OP your best chance is to get as many cases you can find in which a not guilty verdict was entered, (best if they are appellant rulings), especially if they state that a collision is not sufficient, to obtain a conviction.
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Where do I find such cases?
 
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slowbird said:
Thank you for your advice. It is very very much appreciated.

I have mentioned a few times on this forum that I am a 911 dispatcher. I do know Police laws and policies as well as decorum and I am an extremely well spoken and polite individual. My only set back is that I look much younger than my 31 years of age.

I have spoken to a senior constable/officer that I work with and he said the charge shouldn't be difficult to fight. He said that there is essentially no proof that I was "following too close" as there are no witnesses and the collision itself is not in itself proof. Even if the very nice gentleman in the other vehicle attended court, he only has what he saw in his mirrors and that the view in said mirrors are not accurate enough to judge distance.



Where do I find such cases?
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Normally one uses Canlaw, (it is subscription based), but pretty easy to search and find what your looking for. As your co-worker stated, this isn't a difficult charge to beat, (which is why in my initial post I said the copper must be new or doesn't know what he/she were doing otherwise they would have went with the Careless Driving charge). Could be the copper was "throwing you a bone" especially if he/she discovered you were a 911 dispatcher, (Has been known to happen)..lol

BUT having said all that still take the "challenge" seriously. If you have one or two cases to support your argument then you will be well prepared and the JP will likely dismiss, or if you have really strong cases then the crown may opt to withdraw the charge.
 
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