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Ontario Highway Traffic Act

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Disclosure Question
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PostPosted: Mon Nov 07, 2011 3:41 pm 
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Joined: Mon Nov 07, 2011 1:56 pm
Posts: 1
I was pulled over this past summer and received a ticket for 72 in a 50.

I have received disclosures from the prosecutor's office and have some questions.

I was provided typed "Police Evidence (Will Say)" - "The officer will say in court" document:

Paragraph 1 mentions that the officer at 0821 observed a white sedan travelling at an estimated speed of 72 in a posted 50. The officer aimed the LIDAR at the vehicle and observed a speed reading of 72 in conjunction with a steady high pitched audio tone at distance of 295.62 meters.

Paragraph 2 mentions that he activated the emergency equipment and conducted a vehicle stop on the pickup truck plated xxxxx.

Paragraphs 3 to 6 mention that I provided documents, he verified the documents, issued a PON for speeding 72 in a 50, and that weather was dry.

Paragraph 7 specifies the serial # of the LIDAR, and that it was checked for calibration and tested as per mnfct'rs instructions at 0858 and at 1300.

My vehicle is a black pick-up truck and I was ticketed at 1045. I don't understand the relevance of Paragraph #1 and the mention of a white sedan travelling 72km/h at 0821. Does this sound like he was performing his calibration test on the white sedan? If so, it isn't a proper test. Also, the time of the white sedan was 0821 and Paragraph 7 states that the test was done at 0858.

Any thoughts on this? Is this what looks like a mistake in his notes? Would I be able to argue that he pulled over the wrong vehicle and that the time and vehicle description in his notes don't match my vehicle or time? Is this confusing enough to make a good argument to the prosecutor or JP.

Thanks in advance.


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Re: Disclosure Question
PostPosted: Thu Nov 10, 2011 9:19 am 
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Location: In YOUR rearview mirror!
What has happened is this is obviously a saved computer generated form and the officer just didn't change the colour of the vehicle/times correctly when translating his/her notes to typed.

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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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