NEW THREAD started - copied from another thread - "adding onto" another members thread. Picture/file deleted as too large HTA Moderator HB
NEW THREAD started - copied from another thread - "adding onto" another members thread.
Picture/file deleted as too large
HTA Moderator
HB
slow poke wrote:
hello,
after reading previous I have similar situation. cop was parked in private drive way. a T situation. a group of cars passed him doing the same speed infornt of his cruiser bumper. i was the last car. he came after and pulled me over as i was the easiest one to pull over.
I asked the officer to see the radar reading he said "NO it was in his crusier". I aslo asked since there was a group of cars how did he relate the reading to me. he said he observed my car going 61 in a 40. I also mentioned my record was spotless. i got the ticket anyways.
the cruiser was unmarked dark blue crown VIC. I assuem the redar is traditional and not LIDAR. please confirm?
I intent to dispute. option 3. first i will talk to the procecutor then if no sucess go to court. good idea?
my questions
1) Can I mention that the officer denied me to see the radar reading and will that help me get off? ( violated my rights)?
2) normally you are coming at the cruser or going away. we were passing perpendiculat to it. does radar have the same accuraccy and can i address how the officer can identify me since so many cars passed him infront first and given the time to process a new reading?
3) does the officer beign parked on a private driveway infront of a side walk help me. does he have to be on public road or property when he does radar reading activities?
4) can i use the calibration angle. I read about it. i will ask when was his radar device last calibrated and if he checked if his radar device was with in calibration before he stared his shift. and when the next calibration is due and if not how does he know his reading was accurate? will that work?
thanks for all your help.
Sandro
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
You can mention it, but it won't help. Sorry to disappoint, but you do not have any "right" to see the reading. This is an internet myth. There is nothing in the Charter of Rights and Freedoms, the Human Rights Code, or any case law that says the officer has to show you the reading. You can ask, but they still don't have to show it. You have a right to disclosure of the evidence against you, including the officer's notes and the radar/lidar manual. He likely was looking at approaching traffic, estimated your speed and then confirmed it with radar/lidar. If he used lidar, he only had to aim it at your vehicle and pull the trigger, and he's got the reading. LIDAR or radar, he probably had a hand-held device. The officer has to visually estimate your speed first, then use the device. When he activated the lidar or radar, it likely confirmed his estimation. Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle. No. Proof of calibration of the device is not required for a conviction. However, the officer is required to test the device before and after the stop to ensure that it is working properly. It does not have to be immediately before and after (could be beginning/end of shift). The officer must also note the testing times. You'd only know this after you get disclosure of the officer's notes.
Radar Identified wrote:
slow poke wrote:
1) Can I mention that the officer denied me to see the radar reading and will that help me get off? ( violated my rights)?
You can mention it, but it won't help. Sorry to disappoint, but you do not have any "right" to see the reading. This is an internet myth. There is nothing in the Charter of Rights and Freedoms, the Human Rights Code, or any case law that says the officer has to show you the reading. You can ask, but they still don't have to show it. You have a right to disclosure of the evidence against you, including the officer's notes and the radar/lidar manual.
slow poke wrote:
2) normally you are coming at the cruser or going away. we were passing perpendiculat to it. does radar have the same accuraccy and can i address how the officer can identify me since so many cars passed him infront first and given the time to process a new reading?
He likely was looking at approaching traffic, estimated your speed and then confirmed it with radar/lidar. If he used lidar, he only had to aim it at your vehicle and pull the trigger, and he's got the reading. LIDAR or radar, he probably had a hand-held device. The officer has to visually estimate your speed first, then use the device. When he activated the lidar or radar, it likely confirmed his estimation. Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle.
slow poke wrote:
3) does the officer beign parked on a private driveway infront of a side walk help me. does he have to be on public road or property when he does radar reading activities?
No.
slow poke wrote:
4) can i use the calibration angle. I read about it. i will ask when was his radar device last calibrated and if he checked if his radar device was with in calibration before he stared his shift. and when the next calibration is due and if not how does he know his reading was accurate? will that work?
Proof of calibration of the device is not required for a conviction. However, the officer is required to test the device before and after the stop to ensure that it is working properly. It does not have to be immediately before and after (could be beginning/end of shift). The officer must also note the testing times. You'd only know this after you get disclosure of the officer's notes.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle. . Specifically if you were the last is the easiet to obtain a reading. Just wait until the other vehicles have went passed and your vehicle is the only one to "clock". Don't even have to even activate radar on previous vehicles, just the last vehicle, which in this case was yours.
Radar Identified wrote:
slow poke wrote:
2) normally you are coming at the cruser or going away. we were passing perpendiculat to it. does radar have the same accuraccy and can i address how the officer can identify me since so many cars passed him infront first and given the time to process a new reading?
Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle.
.
Specifically if you were the last is the easiet to obtain a reading. Just wait until the other vehicles have went passed and your vehicle is the only one to "clock". Don't even have to even activate radar on previous vehicles, just the last vehicle, which in this case was yours.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
a big thanks to donut Police for your help and the reality of my situation and potential (4) defense tacktics. That would have not worked. I had better come up with a sympathy angle and hope I get it reduced to 15 over and no points. at least I am prepared for the proceutor meeting I will have next week. thanks again. This web site is a great help to firstly overcome your emotions after getting a ticket, and to be set strainght on how one can dispute it, or even if one has a chance in hell. Sandro
a big thanks to donut Police for your help and the reality of my situation and potential (4) defense tacktics. That would have not worked. I had better come up with a sympathy angle and hope I get it reduced to 15 over and no points. at least I am prepared for the proceutor meeting I will have next week. thanks again.
This web site is a great help to firstly overcome your emotions after getting a ticket, and to be set strainght on how one can dispute it, or even if one has a chance in hell.
Message for Hyw bear sorry for adding my post onto the other persons I was so inspired by theres I was not thinking of proper edicate about adding mine, since mine was now post and not a reply to theirs. again this is a great web site I will pass it along to my friends shoeul they ever get a ticket. It will hlep so many confused people. feel comfortable thay they are not alone and they can try to dispute a ticket or get inspired. slow poke
Message for Hyw bear sorry for adding my post onto the other persons I was so inspired by theres I was not thinking of proper edicate about adding mine, since mine was now post and not a reply to theirs.
again this is a great web site I will pass it along to my friends shoeul they ever get a ticket. It will hlep so many confused people. feel comfortable thay they are not alone and they can try to dispute a ticket or get inspired.
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