Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.

Post Your Traffic Ticket, and Get Help!

The Ontario Traffic Ticket Forum!

It is currently Sat Feb 11, 2012 9:53 pm

View unanswered posts | View active topics

Board index » 3 DEMERIT POINTS » Exceeding the speed limit by 16 to 29 km/h

All times are UTC - 5 hours [ DST ]

Page 2 of 2

[ 28 posts ]

Go to page Previous 1, 2

Print view

Previous topic | Next topic

Author

Message

Reflections

Posted: Tue Dec 01, 2009 5:16 pm

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1436
Location: somewhere in traffic

tonygambini wrote:

So the court date was today:

The prosecution called me up right away, they asked for an adjournment of the trial (one month) so they can get together my "larger than normal request for disclosure".

The JP asked if I had anything to day: I didn't know that they were going to do this so I was kind of baffled. I just asked for the case to be quashed because the prosecution had not disclosed evidence. To which the JP says: "Well that's not going to happen" Oh I forgot to mention: the police officer was there!

So as it stands now I wait for the disclosure from the prosecutor. Although they did give me the copy of the ticket an the officers printed notes.

Here is something I found that may be important:

My ticket was issues at 1300hrs, the laser gun was tested at 1530hrs. Anyone know if the fact that the gun was tested after my ticket was issued matters?

Thanks!

http://www.canlii.org/en/on/oncj/doc/2007/2007oncj266/2007oncj266.html
http://www.canlii.org/en/on/oncj/doc/2008/2008oncj217/2008oncj217.html

Try those.....hefty reading though.......You might be better off attacking the alignment of the gun......is there a make and model?

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Top

tonygambini

Posted: Tue Dec 01, 2009 5:32 pm

Joined: Wed Sep 09, 2009 11:25 pm
Posts: 13
Location: OTTAWA AREA

Yes there is a make/model.

It says he was using 2 types (but only nailed me on one)

Rader (not used for me): Stalker

Laser: Ultralite LRB LTI 20-20

[/u]

Top

Reflections

Posted: Tue Dec 01, 2009 5:34 pm

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1436
Location: somewhere in traffic

tonygambini wrote:

Yes there is a make/model.

It says he was using 2 types (but only nailed me on one)

Rader (not used for me): Stalker

Laser: Ultralite LRB LTI 20-20

[/u]

Is there anything in his notes about an alignment check?

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Top

tonygambini

Posted: Tue Dec 01, 2009 5:47 pm

Joined: Wed Sep 09, 2009 11:25 pm
Posts: 13
Location: OTTAWA AREA

No his notes simply state:

"Test Time: 0724/0708 1530HRS Working Properly"

I assume the first two numbers mean the radar/laser test times. It was then re-checked at 1530

Top

Reflections

Posted: Tue Dec 01, 2009 6:14 pm

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1436
Location: somewhere in traffic

Quote:

0724/0708

Those are probably serial numbers on the units. Is there a distance?

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Top

tonygambini

Posted: Tue Dec 01, 2009 6:43 pm

Joined: Wed Sep 09, 2009 11:25 pm
Posts: 13
Location: OTTAWA AREA

I should have included the entire message so there is no confusion. This is what what written above his typed notes:

Radar Type: STALKER DSR/ULTRALITE LRB LTI 20-20
Radar Serial Number: KC018958/UX014699
Test Time: 0724/0708 1530HRS WORKING PROPERLY

This leads me to believe that the "0724/0708" were the test times of the unit(s) and at 1530 they were working properly?

There was a distance given: 88kph @ 71.5m -I also find this weird because the ticket was a R87 ticket.

Thanks!

Top

Reflections

Posted: Tue Dec 01, 2009 8:02 pm

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1436
Location: somewhere in traffic

I think there was a recent decision that said as long as the tests were completed and found no errors then the court shall accept the readings.

And 71 m is pretty close and the beam is small so an arguement of outside influence wouldn't fly.

As far as

Quote:

I also find this weird because the ticket was a R87 ticket.

the officer rounded his reading down because the guns are only accurate to plus/minus 2 KMH.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Top

tonygambini

Posted: Tue Dec 01, 2009 11:14 pm

Joined: Wed Sep 09, 2009 11:25 pm
Posts: 13
Location: OTTAWA AREA

Well that sucks!

Not too sure what I have to go on anymore....

any ideas?

Top

Reflections

Posted: Wed Dec 02, 2009 12:01 am

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1436
Location: somewhere in traffic

tonygambini wrote:

Well that sucks!

Not too sure what I have to go on anymore....

any ideas?

You could still poke around the testing times.....other then that???????? Was it wet at the time?

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Top

hwybear

Posted: Wed Dec 02, 2009 6:55 pm

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2667
Location: In YOUR rearview mirror!

Reflections wrote:

down because the guns are only accurate to plus/minus 2 KMH.

not all lidar/radar are the same....FYI

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

Top

Reflections

Posted: Thu Dec 03, 2009 7:36 am

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1436
Location: somewhere in traffic

hwybear wrote:

Reflections wrote:

down because the guns are only accurate to plus/minus 2 KMH.

not all lidar/radar are the same....FYI

The LTI guns have the same accuracy........

http://www.lasertech.com/content/pdfs/UL200&200LR_Spec.pdf

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Top

tonygambini

Posted: Fri Dec 04, 2009 11:06 pm

Joined: Wed Sep 09, 2009 11:25 pm
Posts: 13
Location: OTTAWA AREA

It was not wet at the time. Clear sunny day[/i]

Top

tonygambini

Posted: Mon Jan 04, 2010 7:29 pm

Joined: Wed Sep 09, 2009 11:25 pm
Posts: 13
Location: OTTAWA AREA

Final update:

I appeared for my second court date today. After reviewing the evidence against me I felt there was nothing for me to go on. I decided to change my plea to guilty with an explanation. The JP showed no mercy, declared that the ticket was reduced to 80 from 87 in a 60 zone, no further reduction is necessary. I have 3 months to pay.

95 bucks
3 demerit points
higher insurance

I left the courthouse with a pretty defeated feeling about myself. Oh well, what can you do eh?

Top

Page 2 of 2

[ 28 posts ]

Go to page Previous 1, 2

Board index » 3 DEMERIT POINTS » Exceeding the speed limit by 16 to 29 km/h

All times are UTC - 5 hours [ DST ]

Topics		Author	Replies	Views	Last post
Related topics
	75km in a 50km zone (changed to 65km in a 50km zone)	Le_Joker	6	818	Sat Oct 03, 2009 10:48 pm OTTLegal
	72 in a 50 zone	pixie	5	596	Thu Dec 31, 2009 4:40 pm Radar Identified
	22 km over (72 in 50 zone) [ Go to page: 1, 2 ]	b0b	27	1199	Tue Mar 08, 2011 8:26 pm Simon Borys
	98-70 zone	Matt109	2	341	Tue Apr 13, 2010 6:30 pm Matt109
	68 in a 50 zone	TorontoGuy24	3	229	Thu Feb 24, 2011 2:48 pm TorontoGuy24

Who is online

Users browsing this forum: No registered users and 0 guests

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum