Help to Decipher Notes - 109 in 80

kbo
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Help to Decipher Notes - 109 in 80

Unread post by kbo on

Hello,


I was pulled over for doing 123 in an 80 zone on highway 7 near Peterborough. The officer reduced it to 109 in an 80. It was HIGHLY unlikely that I was going 109, let alone 123, so for the merit of it I am taking this to court. Court case mid January.

Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?



Other notes:
- The officer was quite rude to me, saying I was passing on the right etc. It is true that I passed on the right, but on a two lane highway to avoid someone who was left turning, and this action is not illegal
- I was moving with traffic, with a vehicle in front of me, to the right of that, and behind me to the right.
(So I am not sure how he could radar test my speed from in front, considering there was a vehicle immediately in front of me)
- I do not have any recent tickets, which shows that I do have good driving habits, considering I commute 2+ hours there then back on a highways daily, no tickets



Do I have any case?
What are the chances of the court bumping it back to 123?

In my opinion the aid of a paralegal does not help much, unless it ensures a win to keep from getting a record on my insurance. But I also feel I have no case here, which is quite unfortunate as there is no way I was going 43 over...
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jsherk
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Unread post by jsherk on

I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
+++ This is not legal advice, only my opinion +++


bend
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Unread post by bend on

- 1-307
- GenIIselect 23107 (Genesis II Select Radar and Serial)
- ST 1730 (Start Time 5:30pm)
- Sunny, Dry, 22c, 80 (Posted 80)
- Mobile/Opposite/Approach
- ?
- me e/b (eastbound) @ (at) Henderson Line
- L1 (Lane 1) @ (at) 86
- Veh (Vehicle) w/b (westbound) l2 (Lane 2), l1 (lane 1), l2 (lane 2)
- 50m (50 metres) @ (at) 123
- ?
- red mazda 6
- Lone occ (occupant)
- ?
- ET 0430 (End Time 4:30am


kbo
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Unread post by kbo on

jsherk wrote:I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
Thank you for the advice! Yes, I did just send for second disclosure.


OTD Legal
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Unread post by OTD Legal on

jsherk wrote:I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
This advice will help you with a more digestible and readable version of the officer's notes.

The officer has included 'R' in the code box to indicate the roadside reduction in the rate of speed (from a 4 demerit point offence down to a 3 demerit point offence). The original rate of speed also appears to be included in the Officer's notes. With the original rate of speed being 43 km/h over the posted speed limit, the prospect of a lesser offence being negotiated in minimal...possibly a generic signage offence. However, I am generally very careful to caution clients on these cases that if the matter can not be resolved before trial, it is generally not advisable to run the trial as the Prosecutor will likely seek to have the rate of speed amended back up to the original rate of speed.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


jsherk
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Unread post by jsherk on

It's hard to tell from the notes, but I do not think the officer included anyting with regards to testing the unit. Will need to see typed version though to confirm this.
+++ This is not legal advice, only my opinion +++


kbo
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Unread post by kbo on

jsherk wrote:It's hard to tell from the notes, but I do not think the officer included anyting with regards to testing the unit. Will need to see typed version though to confirm this.
I think the bottom line means it was tested at 4:30am. No notes on when it was tested again later, so I did request a second disclosure asking for them to provide evidence (notes) on the testing of the device.

If they do not provide any notes or evidence, do you think the justice will accept simply the officer's word of mouth testimony that he tested it? Or is this grounds for dismissal?


lolwut
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Unread post by lolwut on

I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.


kbo
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Unread post by kbo on

lolwut wrote:I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.
Thanks! Ha I think I was reading your post elsewhere too while researching for tips.

I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I can state my futile case.


OTD Legal
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Unread post by OTD Legal on

kbo wrote:
lolwut wrote:I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.
Thanks! Ha I think I was reading your post elsewhere too while researching for tips.

I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I can state my futile case.
An option always open to you is to pay the fine in advance of the trial date and the court will cancel the trial. The Officer was kind and used discretion in reducing the ticket at roadside, which is a bird in the hand so to speak as far as mitigating the penalties.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


bend
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Unread post by bend on

kbo wrote:Thanks! Ha I think I was reading your post elsewhere too while researching for tips.
It could the start and end of the officers shift, testing times, or both. It's also not uncommon for an officer to write testing procedures on a separate page so they're not writing the same thing over and over again.

You can always ask for clarification, but that's something you should be doing before your court date. Most likely you'll show up, the officer will sit down with you and clarify anything you have trouble with, and your trial will either take place or be adjourned.


Zatota
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Unread post by Zatota on

bend wrote:It could the start and end of the officers shift, testing times, or both. It's also not uncommon for an officer to write testing procedures on a separate page so they're not writing the same thing over and over again.

You can always ask for clarification, but that's something you should be doing before your court date. Most likely you'll show up, the officer will sit down with you and clarify anything you have trouble with, and your trial will either take place or be adjourned.
If the officer has written the testing procedures on a separate page, would he or she not reference that page in the notes? I've seen, for example, "Ref 000000," where the digits refer to either a different ticket number or a page number. Either way, the Crown has to disclose the referenced notes. Without that disclosure, our OP may have an "out."






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