Radar Gun Error Code & Incomplete Disclosure

Sped
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Radar Gun Error Code & Incomplete Disclosure

by: Sped on
Thu Nov 17, 2011 8:03 pm

Hello,

I'm hoping somebody can point me in the right direction to track down various radar gun error codes.

Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)

The cop was using hand held radar, standing off to the side of the road in a school parking lot. I was travelling westbound with another vehicle 1 maybe 2 car lengths behind me and almost into me when I braked, I was waved into the parking lot and asked "if I was aware they were using radar in the area?"
Err "no"
He then offered up the display of the radar gun and pressed a button, the unit displayed a letter 'E', he pressed it again, and again it displayed 'E', finally after a third press it displayed 86.

5 minutes later I had my speeding ticket. I was not impressed. I drove my vehicle about 50 yards or so to the exit of the parking lot, which is further west of where I'd entered, then I parked up in the exit driveway so I could see the radar trap in operation. There were 2 cops, each with a cruiser, they remained in their respective vehicles for the first 5 or 10 minutes I was parked. Then they resumed using the radar gun. My presence at the parking lot exit must have caused oncoming traffic to slow down, impacting their quota. After a further 5 minutes the cop I’d received my ticket from approached my vehicle and inquired if I needed assistance, maybe he should call an ambulance? I assured him I was fine and I was going to remain where I was and watch them at work.

Both cops took turns using the radar gun, pointing it at east and westbound traffic, at multiple targets and even when traffic was travelling east and west in the same target area. They did eventually snare a couple more victims while I was there. After being there for 45 minutes I decided to go home and get a good camera with a zoom lense. I returned approximately 30 minutes later. When they saw me park up again they ceased their work and retired to their vehicles, leaving after about 15 minutes.

I filed for a trial and was given a date for December 15 – next month. I also requested disclosure on August 22, using the template found on the very informative Ticket Combat website. The only change I made to the template request was for the make and model of the radar gun used. On October 7 I went to the Prosecutors office to follow up my request. I was handed a photocopy of the officers notes which was stamped September 14. I remained next to the clerks counter and reviewed what I was given then informed the clerk my request was incomplete, she inquired what else I wanted and I indicated the other items on my request, in particular the typed version of hand written notes and the make & model of the radar gun, She highlighted those 2 items and marked the form “2nd request”, I also got a copy of this 2nd request. It’s now November 16.

I’ve spent hours on the internet searching for radar gun error codes and found nothing that matches “E”, it’s like looking for a needle in a haystack. I intend to argue that the radar beam would be too wide to distinguish a single target when presented with multiples, I need to know the make and model of the gun used.

Should I visit the Prosecutors office again to follow up on my second request for full disclosure?

Any hints, links or tips greatly appreciated,

Sean


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by: Stanton on
Thu Nov 17, 2011 8:33 pm

It’s difficult to state if the E was actually an error code or not, without knowing what type of device was being used, and if it actually was the letter E (many devices display weirdly shaped letters thanks to the limits of the display).

Just so you’re aware, many types of radar can determine direction of travel, so the fact that vehicles were travelling both directions may not be relevant. Many can also display the speed of the fastest vehicle, so if your vehicle was obviously going faster than everyone else, they can still determine your speed even with other vehicles. Not saying you don’t have a defence, but you’ll have to see what the notes say and what type of device was being used.

Can you not decipher anything in the handwritten notes at all?


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by: Sped on
Thu Nov 17, 2011 9:52 pm

Thanks for the reply.

From the research I have done so far I am aware that the direction of travel is indicated on the radar gun display while in use. When I was shown the reading the cop was standing next to my vehicle and I was viewing the display from a pretty close range and I do not recall seeing a direction indicator, Knowing the make and model would allow me to do more accurate searches and I hope an opportunity to view the operators manual.

Most error code information I have found so far implies the letter E would be followed by a number which would be listed in an error code table in the operators manual. For all I know the cop may have just "fat fingured" the buttons. However, whilst radar technology has improved over the years there has been sufficient evidence to indicate that it is at times, unreliable technology, especially when presented with multiple targets traveling in the same direction.

I was slowing for the school zone, it's a popular radar trap area, and has been for many years, unfortunately the vehicle following me was not slowing at the same rate, if I'd jammed my brakes on I expect I would have been rear-ended, wouldn't that have been nice, a speeding ticket and a visit to the bodyshop.

I can read about 90% of the hand written notes, and can guess about another 5%. I suppose, the truth is I'm just trying to be difficult with the prosecutors office. The 5% I can't read might be the information about the radar gun - I don't know.

Not that I'm clutching at straws yet, but, if I do not receive the radar gun info I hope to request a stay based on the fact that I needed this information to prepare my defense, which is why if I can find any information even vaguely similar for any radar gun error code "E" and I am not provided with the make & model I hope to argue they are the same.

Sean


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by: Reflections on
Fri Nov 18, 2011 8:48 am

If the car behind you was moving faster, then you will have to prove it. It is not hard to prove that you can get a radar reading from the second vehicle. As far as radar guns, you'll need the make and model used... you can find details online from there. Go for a second disclosure request, ask for typed/legible notes, if you don't get the details of the gun model, explain to the JP the details you are lacking on the day of trial. If he gives a continuance make sure the delay is charged to the crown, not you.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Sped on
Fri Nov 18, 2011 11:38 pm

I don't know that I can prove the other vehicle was traveling faster, I am hoping to suggest that, and attempt to introduce doubt so that the reading could be attributed to either vehicle. Unless you know of a strategy to prove it?

I have already requested disclosure a 2nd time, on October 7, but as of today I haven't received it.

As I understand the process I have to wait 'til 15 or 16 days before the trial date then file paperwork requesting a Stay because of incomplete disclosure. Correct?


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by: Reflections on
Sat Nov 19, 2011 9:28 am

Sped wrote:I don't know that I can prove the other vehicle was traveling faster, I am hoping to suggest that, and attempt to introduce doubt so that the reading could be attributed to either vehicle. Unless you know of a strategy to prove it?

I have already requested disclosure a 2nd time, on October 7, but as of today I haven't received it.

As I understand the process I have to wait 'til 15 or 16 days before the trial date then file paperwork requesting a Stay because of incomplete disclosure. Correct?
Unless the 2 vehicles are identical in size and measured head-on there will be 2 radar signals bounced back to the gun, that is straight physics. The question becomes which signal did the gun display. Prove that there was someone behind you, or get the officer to admit it and you're home free.

As far as I know, you can ask for the stay while at trial.... you are not a lawyer or paralegal so the court should give you some leeway. If anyone knows better please feel free to contradict me.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: hwybear on
Sat Nov 19, 2011 11:43 am

Reflections wrote: Prove that there was someone behind you, or get the officer to admit it and you're home free. .
:lol:
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: Sped on
Sun Nov 20, 2011 9:29 am

While I remained at the scene after the ticket it was obvious that anything that moved warranted a zap with the radar gun, whether there was one vehicle approaching or several together as well as traffic traveling both directions in the same zone. If I just come straight out and ask if there was a vehicle behind me I'm sure I'll get a "No" or a "I don't recall". That was the main reason I went home for the camera with a zoom lens, and probably one of the reasons they wrapped up the session when I returned. Strangely (or maybe not) there is no mention of me waiting at the scene after receiving my ticket, and the photocopied notes are not continuous, they are blanked out/covered in places, I would expect to protect other information related to other individuals charges, not that I am likely to find out.

Phrasing the questions will be all important. I will have to do more research, especially using terms like may, might, could, possibly????

Changing tact after more reading - I would be better off pursuing incomplete disclosure, at the trial, without any forewarning and request a Stay. But I have to continue to build my argument(s) in the event I am only granted an adjournment or even receive the requested information before the trial date. If I do get the make and model of the gun used (before my trial date) I will attempt to request the operators manual and calibration certificate at the same time.


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by: Reflections on
Mon Nov 21, 2011 6:48 pm

hwybear wrote:
Reflections wrote: Prove that there was someone behind you, or get the officer to admit it and you're home free. .
:lol:
I believe I could get reasonable doubt......... unfortunately I can't do it for the OP here.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com












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