Error in the disclosure of the proof

Big question from François about an error in the disclosure of the proof…

His story :
Stop ticket and anomaly in the disclosure of the proof

I am contesting a stop ticket. I have good reasons which I will avoid mentioning right now since an unexpected event that just occurred will probably affect the original speech that I wanted to give. I will explain those reasons in details down below. I would like to get your opinion and some advices if possible.

I got the ticket on April 8th. On April 9th I send an email to the Montreal City Court, city in which I got the ticket, indicating the details of the infraction only to put them in context (with the frustration, I kind of argued in the email since I didn’t earned the ticket… this helped me to evacuate the frustration by explaining in details the infraction and the injustice plus the things that the officer couldn’t have seen me do!) and I only wanted to ask how it was working in court ( delays, etc). The email ended with all this list of questions. The court clerk answered me a few days later; everything is clear, thank you very much. Note that at the start, I didn’t know that I was writing to the court clerk, I taught it was a secretary or a city employee that was going to answer me. I didn’t make a big deal.I decided to contest at the end of April, so I send my pleading by mail without giving any details since I wanted to give those details in court only (good sources told me to always keep those details and not put them in the pleading since the officer sometimes modifies his report when he gets the contestation). Today, I received my hearing date, including the disclosure of the proof which is on May 31st.

It was a total surprise to see, joined and stitched to the disclosure of the proof, my original email that I send to ask information, furthermore with my facts and details of my frustrations! The court clerk himself decided that the details of my infraction where going to be a part of the proof. I never intended to get those details published, furthermore that my text was written under an emotional urge and without getting a look back at it! There are many things in my test that I wouldn’t have mentioned in court, ever! This being said, I believe that this could play against me since the lawyer/officer will also get a copy of the email that I don’t think is appropriate, especially thinking that I haven’t been thinking of contesting the ticket at that moment. What proves that I really wrote that email ?

What can prove that it is the right person that sent it, there could be two persons with the same name that committed the same infraction in the same city at more or leas the same period of time, no ? I didn’t even mentioned the # of the ticket in my email ! What prove that the email is linked to that infraction ( For example I could gave done two different infraction in the same city and ask for two different contestation) ? Why can the court clerk can judge that this information gotten from a draft email was considered official information that will be published in a document as official as a disclosure of a proof ? And what if I had written confidential information in my email ??? If a draft email with no official identification proof can be taken as sufficient for an element of the proof, can this mean that an officer can write a ticket on a blank page and without signing it or writing an official infraction number ? To my knowing, an email is not an official document, even more if there is no digital signature to prove the source and authenticity, even more when normally with a ticket there is a section reason of the contesting. You need to know that on my ticket, there was no place to do so, which I taught was awkward, but I didn’t intended to immediately write the reasons of my contestation,  so I don’t make a big deal out of this.

This being said, I would like to know if I can ask, in court, for an immediate stopping of the procedures since the verdict couldn’t be just according to all the information that shouldn’t have been in the disclosure of the proof. I think it is abusive that a court clerk adds on his behalf unofficial information gotten in an email with a Yahoo address and for an other reason, which was to get answers to our questions about the court functioning. In my email, only my name is mentioned, no other information that could allow to link it to the ticket or to indentify me (no address, no phone number, etc…). This kind of behaviour can open the door to insertion in emails and information from the bad person or for the bad cause in a case, which I believe is very important !

Other anomaly : some information was added to the police report (all the details on the location of the officer actually) on April 21st. The date of the infraction was April 8th, so almost two weeks before!

  1. Can the officer got access in advance to my email since he is a part of the disclosure of the proof and the court clerk gave it to him and he remembered ? Furthermore, this is about a small community and I believe that everybody knows everyone there…. So the officer could add some details to get the contestation done in advance by adding the information in my email !
  2. The officer had a pretty good memory with the ticket quota in place in that area of the Quebec region (according to recent tv reports) to remember me two weeks after, to also remember that he more or less saw the 3 meters stop line, since he was parked 15-20 meters away from the intersection, etc… It mostly about his location that I wanted to contest, since he arrested me only 250 meters later, I even was able to do an other stop before seeing him! The worst part is that what was filled on April 8th didn’t have any details on the positioning of the officer.

Any advices ????

Thank you very much !!!!

A protester that would love for justice to be made !!!
My opinion :

Your story is quite complicated and is about rules that I am not aware of…
You should get a lawyer involved, at less for some advices…

Keep us updated anyways…

Maybe some readers could give you more advices…


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