80KPH IN A 60KPH ZONE

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Reflections
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by: Reflections on
Tue Dec 01, 2009 4:16 pm

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! :D


http://www.canlii.org/en/on/oncj/doc/20 ... cj266.html
http://www.canlii.org/en/on/oncj/doc/20 ... cj217.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
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tonygambini
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by: tonygambini on
Tue Dec 01, 2009 4:32 pm

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]
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Reflections
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by: Reflections on
Tue Dec 01, 2009 4:34 pm

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?
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by: tonygambini on
Tue Dec 01, 2009 4:47 pm

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
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by: Reflections on
Tue Dec 01, 2009 5:14 pm

0724/0708
Those are probably serial numbers on the units. Is there a distance?
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by: tonygambini on
Tue Dec 01, 2009 5:43 pm

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!
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by: Reflections on
Tue Dec 01, 2009 7:02 pm

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
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.
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by: Reflections on
Tue Dec 01, 2009 11:01 pm

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?
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by: hwybear on
Wed Dec 02, 2009 5:55 pm

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
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by: tonygambini on
Mon Jan 04, 2010 6:29 pm

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? :(
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