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Ontario Highway Traffic Act

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77 on 50km/h - Orangeville
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PostPosted: Fri Jan 14, 2011 11:32 pm 
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Joined: Tue Jan 04, 2011 2:53 pm
Posts: 16
Hi all,

Here's my story. The road was 80, and changed to 50 without me realizing. Cop pulls me over, says I was going 77 but will reduce it to 65 and the charge is 52.50, which seems very little even for 15 over. This happened on June 27th, 2010

I filed for a court date and its Feb 2nd, 2011. I requested for disclosure on August 26th 2010 using their form, and recieved it on Dec 29th 2010.

Inside, the notes only say

"77km/h E/B main 2 door honda civic black"

The next few pages are my driving history, and the witness which has the officer's full name and phone#

--thats it--

I then used the template from ticketcombat.ca to request for radar/make/model/manual, and history of it being tested and sent it again on Dec 30th, 2010

They mailed me telling me I have to complete the form again, and they do not mail out disclosure requests and it is only faxed or picked up. This was recieved on Jan 14th.

What would your next steps be? Any tips would be appreciated.


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Re: 77 on 50km/h - Orangeville
PostPosted: Sat Jan 15, 2011 11:00 pm 
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Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
repeat the request specifically asking for the user manual for the radar/lidar unit that was used to capture your speed.

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


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Re: 77 on 50km/h - Orangeville
PostPosted: Tue Jan 25, 2011 10:45 am 
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Joined: Tue Jan 04, 2011 2:53 pm
Posts: 16
2nd request sent ... probably won't get back to me before my trial which in about a week's time

Can the JP find me incompetent for not following instructions because the prosecutors office has indicated they do not mail disclosure requests?


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Re: 77 on 50km/h - Orangeville
PostPosted: Tue Jan 25, 2011 11:29 am 
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Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
No, that is not at issue. Simply tell the JP that you requested parts of the manual and that you believe it will help you make a full defense. If you recieve the disclosure just before the trial ask for more time before you go forth. And point out to the JP that your original request was never fulfilled and that this delay is a result of the prosocutor, not you.

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


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Re: 77 on 50km/h - Orangeville
PostPosted: Tue Feb 01, 2011 12:16 pm 
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Joined: Tue Jan 04, 2011 2:53 pm
Posts: 16
Court day is tomorrow, and I just got my 2nd request via mail.

They did not provide the unit serial number / test logs. It was a handheld radar gun that was used and apperently has it's own test feature according to the manual. Can I quiz the officer how he tested the unit, and quote the manual if provided completely different testing method?

The model is Radar Genesis VP Directional
It seems i have a good chance of winning hoping this officer doesn't remember anything at all and he has really bad notes ...


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