When it comes to testifying in your own driving trial, it is important to understand what risks come with that. In some cases, testifying may be the best option, while it can be detrimental in others.
A recent case in the BC provincial court offers insight into the danger of testifying in your trial.
The Case
The case in question was Regina vs. Wei Tse Tsai. Mr. Tsai was on trial for driving while was prohibited. His defence was that he did not know he was prohibited because when he spoke ICBC, they informed him his prohibition was being lifted three days before he received the ticket.
The backstory of the case is that in February 2018, Mr. Tsai received an indefinite prohibition after he was caught driving without a valid license. The police officer who gave him the ticket had his car towed and said she explained to him the prohibition and that he would have to contact ICBC to get a valid license.
Fast forward to May 2020, and Mr. Tsai has been pulled over after his license plate did not match what was in the police system. After the officer looked up Mr. Tsai in the system, he informed him that he was prohibited from driving.
Mr. Tsai says he spoke to ICBC just days prior, and was told that his prohibition expired three days before. The officer called ICBC and was notified that Mr. Tsai was prohibited until 2068. As a result, Mr. Tsai was arrested, which brings us to the case at hand.
After hearing the testimonies of the two officers and Mr. Tsai himself, the Judge ultimately decided that he was ‘convinced beyond a reasonable doubt by the evidence of Mr. Tsai’s guilt.’
Your behaviour on the stand can impact your credibility
Mr. Tsai ultimately decided that the best course of action for his case would be to testify.
This ended up being the wrong decision, as his answers, or lack thereof, on the stand ended up losing him the case.
When Mr. Tsai took the stand, he was being very inconsistent and evasive with the answers he was providing. He seemed only to want to answer questions that made it look like he did not know anything about his 2018 driving prohibition. He also gave hard-to-follow answers to questions about other driving prohibitions he had received in the past.
Mr. Tsai kept bringing up that it was difficult for him to understand because English was not his first language; however, within the two years before he was caught DWP, he didn’t bother to look into the prohibition, nor did he take active steps to follow up. He also did not make any further inquiries with ICBC or the police to confirm his licensing status. After testifying, the Judge determined Mr. Tsai not to be a credible witness.
After testifying, the Judge determined Mr. Tsai not to be a credible witness.
Using your criminal record against you at trial
Testifying at your trial is not the only thing that can affect its outcome. There is also the possibility that a criminal record you may have could be introduced and be used against you.
In the case of Mr. Tsai, his past driving record and his criminal record were put to him at trial. His driving record contained numerous driving prohibitions, and evidence was induced from the witnesses that Mr. Tsai had had his car towed multiple times for driving prohibitions. This also affected his credibility and defence of not understanding his current prohibition.
During his analysis, the Judge determined that as Ms. Tsai had been prohibited many times in the past, he would have been served specific paperwork similar to the paperwork in question, and he would have known why his car was being towed.
Ultimately, his driving record was used to discredit Mr. Tsai’s version of events.
On top of his driving record, Mr. Tsai also had a criminal record which was discussed during the trial. r. Tsai’s criminal record included charges of fraud, and while the specifics of the charges were not provided, having those convictions on his record showed a pattern of deceit and dishonesty, which the Judge used when determining that Mr. Tsai was not a credible witness.
So, in the Judge’s eyes, if the rest of his history suggests he is dishonest, how is someone to believe him now with these current charges.
Choosing a good lawyer
If you find yourself caught driving while prohibited and the case is going to trial, the best thing you can do to help yourself is hire a lawyer.
Getting good legal representation will help you make smart decisions about testifying in a driving while prohibited trial.