Q&A - Evidence of Radar Calibration
The police officer used a radar gun and, according to him, there are no service or calibration records on the radar gun. This is a real, live issue for my trial. If the radar gun does not have service records, then how do we know that it is functioning correctly?
Answer: we don’t. So, that brings us to the next issue: is that going to matter for my trial?
At my trial, I will not have provincial court judge presiding. Instead, have a Judicial Justice of the Peace. The difference is that a judge has a law degree (and used to be a lawyer). And, a justice of the peace was not a lawyer and does not have a law degree. The significance of that is that traffic court doesn’t strictly apply the rules of evidence (quite frankly) in the same way that provincial courts do.
So, that leaves me with a good argument. But, at the end of the day, the JP might just say, “That is a real issue, but I think he’s guilty. So, here’s my verdict: you’re guilty.”
Appreciate any info that would help me with my case