Driving Without Due Care Ticket Thrown Out After Poor In-Court Identification
Meghan Forhan was hired to conduct a trial for a client that was accused of Driving Without Due Care or Attention. The Court found that the manner of driving was careless, however Meghan Forhan won the case by making a no evidence motion alleging that the police had failed to call evidence during trial to prove the identification of the accused. The Police Officer running the trial had pointed to Meghan Forhan’s client when he asked the first civilian witness if that was the accused – this identification was struck from the record due to the improper indication made by the officer in court. Meghan Forhan also successfully got the second civilian witness to admit after an unrelenting cross examination that, despite testifying moments ago that she could identify the accused, that she “was not 100% sure” anymore.
No Evidence Motion granted. Meghan Forhan won the trial on the basis there was no admissible evidence proving the accused was the driver at the time of the offence.