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 Id 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. Its now November 16. Ive spent hours on the internet searching for radar gun error codes and found nothing that matches "E", its 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
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 Id 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. Its now November 16.
Ive spent hours on the internet searching for radar gun error codes and found nothing that matches "E", its 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?
Its 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 youre 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 dont have a defence, but youll 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?
Its 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 youre 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 dont have a defence, but youll 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?
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
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.
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.
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
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?
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.
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
I think what Bear is trying to say, you're not quite home free just by showing a car was behind you. ;) It's a possible defence, but it would take some skillful articulation and questioning.
I think what Bear is trying to say, you're not quite home free just by showing a car was behind you.
It's a possible defence, but it would take some skillful articulation and questioning.
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.
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.
Thanks for the OP clarification. It doesn't make the whole answer much clearer however, unless you mean because you unable to represent me, not to worry. Does the Prosecutors office have the various radar operating manuals on hand? or would I have to go to the Police to request a copy or at least be given the opportunity to read it on site? Thanks again
Thanks for the OP clarification. It doesn't make the whole answer much clearer however, unless you mean because you unable to represent me, not to worry.
Does the Prosecutors office have the various radar operating manuals on hand? or would I have to go to the Police to request a copy or at least be given the opportunity to read it on site?
You arrange to have the pertinant information forwarded to you through the Crown. I believe you will get the pages on testing and proper use of the device. In the end it is the police that have the "user's" manual tough.
Sped wrote:
Thanks for the OP clarification. It doesn't make the whole answer much clearer however, unless you mean because you unable to represent me, not to worry.
Does the Prosecutors office have the various radar operating manuals on hand? or would I have to go to the Police to request a copy or at least be given the opportunity to read it on site?
Thanks again
You arrange to have the pertinant information forwarded to you through the Crown. I believe you will get the pages on testing and proper use of the device.
In the end it is the police that have the "user's" manual tough.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
The update: It was a long and winding road. Firstly, thanks to the information I gleaned from this site and Ticket Combat, I learned enough about the court system to fumble my way through this. On April 6, 2011, I proceeded to the Ontario Court of Justice, at 5 Ray Lawson Blvd., Brampton, where I applied for a trial hearing and received a Notice Of Trial to appear at the Brampton Courthouse on December 15, 2011. I applied for disclosure on August 22, 2011, and was told Id receive a phone call for pick up. I never received a phone call so returned to the Courthouse October 7. A disclosure package was waiting, date stamped September 14. The disclosure package was incomplete. Sections of the Police Officers hand written notes were illegible and there was no information pertaining to the Radar Device used. I submitted a second request at this time, on October 7. I returned to the Courthouse on November 22 and was told there was no disclosure package for me. I got into a "minor" altercation with the clerk and ended up dealing with her supervisor - I'd requested that she date stamp a copy of my disclosure request to prove I was attempting to obtain such, she refused stating "she hadn't provided any service (an understatement!) therefore couldn't stamp anything". Her supervisor wasn't much better but did indeed give me a stamp! I received a phone call at home later that same day to advise me there was now a disclosure package to pick up. I collected this disclosure package on November 24, it was date stamped November 18. Contained in this package were 2 pages photocopied from a Genesis Handheld Directional (GHD) Users Manual as well as 1 page photocopied from a Genesis VP Directional Users Manual. Also the cops notes all neatly typed up with more info on them than the original copies - interesting. On this same day, November 24, I attempted to submit another disclosure request for a copy of the full Users Manual for the Radar Device used by the Police Officer but the attending clerk refused to accept my submission stating "We do not release copies of the user manuals". I was told I may view the manual at the counter, which I did. It contains approximately 40 pages. In preparing my defense it became obvious I needed a copy of the Radar device user manual, as an exhibit and reference, if I intended to question settings, procedures and specifications, as well as target acquisition, false readings, multiple readings, tracking and targeting limitations, interference test procedures or any matter relating to interference contained in the manual, in an effort to make full answer and defense. On December 5, I submitted another disclosure request for a copy of the full user manual. This time the request was accepted. I received a phone call on December 8, to pick up my disclosure request. On December 9, I was given a disclosure package containing 2 photocopied pages from a Genesis II Select Directional. To date then, I had received 5 photocopied pages from 3 quite different Radar User Manuals. On December 15, I attended court , and attempted to present a pre-trial motion requesting a Stay of the charge for incomplete disclosure. The Justice "humoured" me as I rambled on citing from Stinchcombe, Chaplin http://www.canlii.org/en/ca/scc/doc/199 ... ii126.html and Carosella http://www.canlii.org/en/ca/scc/doc/199 ... ii402.html The prosecution huffed and puffed that these were old cases, I countered they are as relevant today as they were then. The prosecution argued that the matter had not been properly brought before the court (i.e. in writing, 15 days beforehand, statements, affidavits, etc.) I cited Vellone http://www.canlii.org/en/on/oncj/doc/20 ... cj150.html which at the time was a valid argument, although under appeal, I believe it has since been overturned. Then the Crown argued it was only applicable to 11b's, I argued it was a procedural issue not limited to 11b's. The justice had to retire to his chamber for a while to consider the issues. While we're waiting the smarmy prosecutor starts suggesting resources I could subscribe to for more recent rulings - yeah okay thanks! Then when the Justice returns tells him how he's trying to help me!!! What a tool. Anyway, all things considered I got an adjournment so I could make a proper application. On March 1, 2012, I made a final disclosure request for a full copy of the Radar device user manual. I never received this disclosure. I'd also spent many hours trawling through Canlii searches and radar gun sites trying to establish cross examination questions and arguments in case I had to go to trial. Reading the radar user manual opens up a lot of information and possibilities to question the cop - specifications, procedures, etc. I downloaded a Genesis VP Directional manual from one of the torrent sites, and read the one at the prosecutors office, and contrary to what others might suggest, they are virtually identical, the only differences I recall being metric and imperial units. I submitted my "Notice of application for stay of proceedings" using the tried and tested runaround method. Attached submissions were once again Stinchcombe and a ruling against the Peel Police Services Board by the Information and Privacy Commissioner http://canlii.ca/en/on/onipc/doc/2008/2 ... i1829.html As an aside, when I attempted to get my statement sworn at the court house I was astounded to learn they had nobody on staff, available, to swear an oath for an 11b or any other such challenge I'm sure. It will be a test of your patience. You might have to get a paralegal or a City clerk to swear the oath. I went to court on May 14, ready to make my constitutional challenge and I got as far as "state your name for the record" then the prosecution (a different prosecutor to my first court appearance) said the officer doesn't appear to be in court so I withdraw the charge. What a merry-go-round. I can't say I'm complaining as I got the result I wanted, but I'd done so much reading and preparing it was a bit of an anti-climax. I'll just file everything for the next time. There'll always be a next time, right?
The update: It was a long and winding road.
Firstly, thanks to the information I gleaned from this site and Ticket Combat, I learned enough about the court system to fumble my way through this.
On April 6, 2011, I proceeded to the Ontario Court of Justice, at 5 Ray Lawson Blvd., Brampton, where I applied for a trial hearing and received a Notice Of Trial to appear at the Brampton Courthouse on December 15, 2011.
I applied for disclosure on August 22, 2011, and was told Id receive a phone call for pick up. I never received a phone call so returned to the Courthouse October 7. A disclosure package was waiting, date stamped September 14.
The disclosure package was incomplete. Sections of the Police Officers hand written notes were illegible and there was no information pertaining to the Radar Device used. I submitted a second request at this time, on October 7.
I returned to the Courthouse on November 22 and was told there was no disclosure package for me. I got into a "minor" altercation with the clerk and ended up dealing with her supervisor - I'd requested that she date stamp a copy of my disclosure request to prove I was attempting to obtain such, she refused stating "she hadn't provided any service (an understatement!) therefore couldn't stamp anything". Her supervisor wasn't much better but did indeed give me a stamp! I received a phone call at home later that same day to advise me there was now a disclosure package to pick up. I collected this disclosure package on November 24, it was date stamped November 18. Contained in this package were 2 pages photocopied from a Genesis Handheld Directional (GHD) Users Manual as well as 1 page photocopied from a Genesis VP Directional Users Manual. Also the cops notes all neatly typed up with more info on them than the original copies - interesting.
On this same day, November 24, I attempted to submit another disclosure request for a copy of the full Users Manual for the Radar Device used by the Police Officer but the attending clerk refused to accept my submission stating "We do not release copies of the user manuals". I was told I may view the manual at the counter, which I did. It contains approximately 40 pages.
In preparing my defense it became obvious I needed a copy of the Radar device user manual, as an exhibit and reference, if I intended to question settings, procedures and specifications, as well as target acquisition, false readings, multiple readings, tracking and targeting limitations, interference test procedures or any matter relating to interference contained in the manual, in an effort to make full answer and defense.
On December 5, I submitted another disclosure request for a copy of the full user manual. This time the request was accepted.
I received a phone call on December 8, to pick up my disclosure request. On December 9, I was given a disclosure package containing 2 photocopied pages from a Genesis II Select Directional. To date then, I had received 5 photocopied pages from 3 quite different Radar User Manuals.
On December 15, I attended court , and attempted to present a pre-trial motion requesting a Stay of the charge for incomplete disclosure. The Justice "humoured" me as I rambled on citing from Stinchcombe, Chaplin http://www.canlii.org/en/ca/scc/doc/199 ... ii126.html and Carosella http://www.canlii.org/en/ca/scc/doc/199 ... ii402.html The prosecution huffed and puffed that these were old cases, I countered they are as relevant today as they were then. The prosecution argued that the matter had not been properly brought before the court (i.e. in writing, 15 days beforehand, statements, affidavits, etc.) I cited Vellone http://www.canlii.org/en/on/oncj/doc/20 ... cj150.html which at the time was a valid argument, although under appeal, I believe it has since been overturned. Then the Crown argued it was only applicable to 11b's, I argued it was a procedural issue not limited to 11b's. The justice had to retire to his chamber for a while to consider the issues. While we're waiting the smarmy prosecutor starts suggesting resources I could subscribe to for more recent rulings - yeah okay thanks! Then when the Justice returns tells him how he's trying to help me!!! What a tool.
Anyway, all things considered I got an adjournment so I could make a proper application.
On March 1, 2012, I made a final disclosure request for a full copy of the Radar device user manual. I never received this disclosure.
I'd also spent many hours trawling through Canlii searches and radar gun sites trying to establish cross examination questions and arguments in case I had to go to trial. Reading the radar user manual opens up a lot of information and possibilities to question the cop - specifications, procedures, etc. I downloaded a Genesis VP Directional manual from one of the torrent sites, and read the one at the prosecutors office, and contrary to what others might suggest, they are virtually identical, the only differences I recall being metric and imperial units.
I submitted my "Notice of application for stay of proceedings" using the tried and tested runaround method. Attached submissions were once again Stinchcombe and a ruling against the Peel Police Services Board by the Information and Privacy Commissioner http://canlii.ca/en/on/onipc/doc/2008/2 ... i1829.html As an aside, when I attempted to get my statement sworn at the court house I was astounded to learn they had nobody on staff, available, to swear an oath for an 11b or any other such challenge I'm sure. It will be a test of your patience. You might have to get a paralegal or a City clerk to swear the oath.
I went to court on May 14, ready to make my constitutional challenge and I got as far as "state your name for the record" then the prosecution (a different prosecutor to my first court appearance) said the officer doesn't appear to be in court so I withdraw the charge. What a merry-go-round. I can't say I'm complaining as I got the result I wanted, but I'd done so much reading and preparing it was a bit of an anti-climax. I'll just file everything for the next time. There'll always be a next time, right?
Actually, they do. The full manual doesn't have to be disclosed, but if relevant parts aren't given to the defendant, it is grounds for staying the charge.
HollowPoint wrote:
The manuals dont get released....
Actually, they do.
The full manual doesn't have to be disclosed, but if relevant parts aren't given to the defendant, it is grounds for staying the charge.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Actually, they do. The full manual doesn't have to be disclosed, but if relevant parts aren't given to the defendant, it is grounds for staying the charge. I have yet to send a manual to anyone requesting disclosure. I have, however, had to photocopy 3 pages from the manual from time to time. To me, 3 pages does not equate to someone having the manual, but that's just my view.
Radar Identified wrote:
HollowPoint wrote:
The manuals dont get released....
Actually, they do.
The full manual doesn't have to be disclosed, but if relevant parts aren't given to the defendant, it is grounds for staying the charge.
I have yet to send a manual to anyone requesting disclosure. I have, however, had to photocopy 3 pages from the manual from time to time. To me, 3 pages does not equate to someone having the manual, but that's just my view.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…