Borat's Case — Speeding & Fail to Stop — Dismissed

Client:  Borat, Accused
Complainant:  York Regional Police
Charges:  Speeding and Fail to Stop, Highway Traffic Act, ss. 128 and 216

Background:  Borat was cruising the 407 on his motorcycle. A police officer signalled him to stop. Borat complied. Pulling off his helmet in the summer heat, Borat was surprised to hear the officer complain that he had chased Borat for some distance. Borat explained that he didn't see the officer. The officer didn't buy it. Borat was charged with travelling 160 km/hour in a 100 zone and with failing to stop for police. Conviction for these Highway Traffic Act offences would pack a heavy punch. If found guilty of the speeding, Borat would be fined, lose six demerit points, and could lose his licence for 30 days. Failing to stop for police involving flight would carry a minimum sentence of 14 days in jail, a five-year licence suspension, and a $5000 fine. His fall from grace with his insurance company would be the icing of the cake.

READ THE POLICE REPORT

Goals:  A $5000 fine, 14-days in jail, and a five-year licence suspension! Borat felt unfairly fingered. He wouldn't go down without a fight.

Strategy:  Borat's defence on the fail-to-stop charge was straighforward. He didn't know the officer was trying to stop him. If we could raise a reasonable doubt on that issue, he would be acquitted. The strategy on the speeding wasn't as simple. Borat wasn't sure how fast he was going. Neither was the officer. The officer didn't have a radar gun, but estimated Borat's speed using his vehicle's speedometer. In the anticipated evidence disclosed, there was no indication that the officer's speedometer had been properly calibrated, and I hoped that this would be a fatal flaw. After all, without knowing if that speedometer was working properly, how could the Court be certain that Borat was, in fact speeding?

Results:  On the morning of the trial, I made a tactical decision to tell the Prosectuor about their flaw on the speeding charge. I hoped that he would withdraw the speeding charge and focus the hearing on the fail-to-stop charge. The Prosecutor responded that the officer's speedometer had been calibrated monthly and that he had all the documents to back it up. They didn't have the documents with them, but they would be secured and disclosed. As a result, the Prosecutor and I agreed that the matter would be adjourned. By the morning of the second trial date, twelve months had passed. I asked the Justice to dismiss the charges because of the excessive delay. She agreed.

READ THE JUDGE'S REASONS FOR DISMISSING THE CHARGES
READ BORAT'S TESTIMONIAL