When a police officer believe a driver made a mistake, the officer may issue a traffic ticket. The interpretation of the driving action is made by the police officer, the officer’s opinion.
The police officer never has to issue a traffic ticket, it is their option to do so.
When the driver decides to dispute the charge a Justice of the Peace makes a determination as whether the officer was correct or not.
Examples could be:
- traveling too fast for the road conditions
- following too closely to ensure time to stop
- entering a curve too fast and losing control, or
- not paying attention to the road and or hazards
Once the officer presents their case and the court considers what occurred, the onus falls on the defence to:
- dispute the evidence,
- cross-examine any witnesses
- dispute the opinion of the officer
- present a defence to the charge
When disputing careless driving, the most important thing to be aware of is that you (the driver) will bear the burden of proof.
Meaning that you, will have to convince the judge that your actions were:
- not careless,
- you were driving with due care and attention, and that
- the police officer’s assessment of the situation was wrong
More about Fighting Traffic Tickets >