Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 12 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Help to Decipher Notes - 109 in 80
Author Message
PostPosted: Mon Dec 19, 2016 6:31 pm 
Offline
Newbie

Joined: Mon Dec 19, 2016 5:55 pm
Posts: 4
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...


Attachments:
IMG_0225_blkedsm.jpg
IMG_0225_blkedsm.jpg [ 96.35 KiB | Viewed 372 times ]
IMG_0226_sm.JPG
IMG_0226_sm.JPG [ 96.04 KiB | Viewed 372 times ]
Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Mon Dec 19, 2016 7:22 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1676
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 +++


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Tue Dec 20, 2016 10:39 am 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 963
- 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


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Tue Dec 20, 2016 10:59 am 
Offline
Newbie

Joined: Mon Dec 19, 2016 5:55 pm
Posts: 4
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.


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Tue Dec 20, 2016 11:21 am 
Offline
Jr. Member

Joined: Mon Nov 28, 2016 3:00 pm
Posts: 89
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.


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Tue Dec 20, 2016 11:39 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1676
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 +++


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Tue Dec 20, 2016 11:52 am 
Offline
Newbie

Joined: Mon Dec 19, 2016 5:55 pm
Posts: 4
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?


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Thu Dec 22, 2016 8:35 am 
Offline
Jr. Member

Joined: Thu Nov 24, 2016 6:32 pm
Posts: 29
I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Thu Dec 22, 2016 9:24 am 
Offline
Newbie

Joined: Mon Dec 19, 2016 5:55 pm
Posts: 4
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.


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Thu Dec 22, 2016 10:21 am 
Offline
Jr. Member

Joined: Mon Nov 28, 2016 3:00 pm
Posts: 89
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.


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Thu Dec 22, 2016 11:01 am 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 963
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.


Top
 Profile  
 
Re: Help to Decipher Notes - 109 in 80
PostPosted: Mon Dec 26, 2016 1:20 pm 
Offline
Member

Joined: Tue Aug 16, 2016 10:09 am
Posts: 120
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."


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 12 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Attachment(s) puzzle disclosure, Can someone decipher it?

thin_boy

2

541

Tue Aug 27, 2013 7:17 pm

thin_boy View the latest post

There are no new unread posts for this topic. Copy of officers notes versus original. Custody of notes

jsherk

6

395

Thu Oct 22, 2015 5:57 pm

jsherk View the latest post

There are no new unread posts for this topic. 109 in an 80, Hwy 41

jake646

0

660

Thu Jun 09, 2011 1:09 am

jake646 View the latest post

There are no new unread posts for this topic. 109 in an 80 zone

driver3389

3

1335

Mon Jul 25, 2011 6:25 pm

driver3389 View the latest post

There are no new unread posts for this topic. 109 in 80 Zone - Insurance Question

Cupidoman

1

674

Wed Sep 08, 2010 5:18 pm

Radar Identified View the latest post

There are no new unread posts for this topic. 109 km/h in a 60 zone [Reduced from 110]

[ Go to pageGo to page: 1, 2 ]

saugacity

16

1945

Mon Nov 26, 2012 12:41 pm

saugacity View the latest post

There are no new unread posts for this topic. Police Notes

[ Go to pageGo to page: 1, 2, 3 ]

hwybear

30

3098

Tue Apr 06, 2010 4:50 pm

hwybear View the latest post

There are no new unread posts for this topic. My notes in the court

myticket

1

405

Thu Nov 19, 2009 1:26 pm

Reflections View the latest post

There are no new unread posts for this topic. officer's notes: what do these mean?

looking for help

2

599

Thu Jul 08, 2010 10:35 am

Traffic Law View the latest post

There are no new unread posts for this topic. Help with officer's notes

holiday_mazda

4

877

Wed Sep 10, 2014 8:00 pm

holiday_mazda View the latest post

This topic is locked, you cannot edit posts or make further replies. Officer Alters Notes

jmarkus

1

590

Sat Aug 15, 2009 10:15 pm

admin View the latest post

This topic is locked, you cannot edit posts or make further replies. Officer Alters Notes

jmarkus

1

453

Sat Aug 15, 2009 9:47 pm

admin View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.