Fined for speeding - 89 in a 60. Court date is April 6. Any advice on the following: 1) Discovery info includes 3 pages of Genesis radar manual. Officer's notes show he used "Atlantic Laser" to measure speed. Didn't show model # (only s/n). The Genesis was used earlier on in the day, but not for my case. Can I grill him on this or is it simply a clerk's error in sending me the wrong manual? 2) For the laser testing after clocking me it says "retest Laser Atlanta, s/n XXX, tested OK, found to be in good working order". No mention of how it was tested. 3) For the re-testing time it clearly shows "180" with a line clearly striked through it (and then the text in item #2 above). The next entry is "1800 R.O.D.". I think the "180" was supposed to be "1800" but it's clearly not. Do I have a leg to stand on if I fight this - I don't know what time he tested it at. "180" is not a time. And it's crossed out. 4) Approx how long does it take to test a laser gun. Is it simply pushing a button and getting an instant self-test, or does it take more preparation? 5) Can he bring up any other info that was not given in the discovery? I did ask for "all other evidence to be used by the prosecution". Reason I ask is because during the stop he said I was actually doing 94, but nowhere on the ticket or notes does it mention this. In fact the typed notes state "OBT RGD OF 89 KM/H AT A DISTANCE OF 287 METERS". If he obtained the reading (I assume from the laser gun) then I don't think he can bring up the 94 km/h. Or can he? There is a statement in the discovery info that says the prosecutor will revert to the original higher speed. 6) If I go in before my court date to speak to a prosecutor I know they will try to plea bargain, but is it possible for them to throw out the case BEFORE actually going to court? If they don't have the authority to throw it out then I won't go see them and I'll wait for my court date (depending on feedback I get above), otherwise I may try with them first. This way I get 2 kicks at the cat, unless I'm missing something. Thanks in advance to everyone for their suggestions.
Topic
Rec'd Disclosure - Do I have a Case? Looking for advice.
what i'll guess has happened is that you got targeted at 89km with the lidar. While catching up the officer used radar and obtained a reading of 94km/hr. However the officer only made notes on the lidar reading and is not relying on any evidence with the radar for the offence notice issued.
Gweedz wrote:
What if your notes are missing a piece of info (such as the actual clocked speed vs reduced speed that's shown on the ticket). Does this mean you have no recollection of it and can't bring it up in court?
what i'll guess has happened is that you got targeted at 89km with the lidar. While catching up the officer used radar and obtained a reading of 94km/hr. However the officer only made notes on the lidar reading and is not relying on any evidence with the radar for the offence notice issued.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Sorry for not being clear - the officer was using a tripod at the side of the road and flagged me down. He said I was clocked at 94, but reduced it to 89. Anyway, I've pretty much decided to end the pain and try to plea bargain for a lesser fine. As I've been told here it's not worth the risk to have it increased back to 94. I got too much going on in my life to worry about this now considering it's more of a longshot than I had thought. In the end I did learn a lot about the traffic court process so it's not a total waste. I learned that if you're going to to 1 over, you may as well do 29 over as far as insurance is concerned ;)
Sorry for not being clear - the officer was using a tripod at the side of the road and flagged me down. He said I was clocked at 94, but reduced it to 89.
Anyway, I've pretty much decided to end the pain and try to plea bargain for a lesser fine. As I've been told here it's not worth the risk to have it increased back to 94. I got too much going on in my life to worry about this now considering it's more of a longshot than I had thought.
In the end I did learn a lot about the traffic court process so it's not a total waste. I learned that if you're going to to 1 over, you may as well do 29 over as far as insurance is concerned
Just to close this thread in case anyone is following it. I went to court and pleaded guilty to a lesser fine. I spoke with the officer afterwards and brought up the issue with the laser retest time. This is what he said: He said the entry before the test was 17:22, and the entry after the test was 18:00, so even though the test itself doesn't show a time, it happened between 17:22 and 18:00. Which all the courts care about is that it happened. This makes sense and now I'm glad I didn't go through with the trial.
Just to close this thread in case anyone is following it.
I went to court and pleaded guilty to a lesser fine.
I spoke with the officer afterwards and brought up the issue with the laser retest time. This is what he said:
He said the entry before the test was 17:22, and the entry after the test was 18:00, so even though the test itself doesn't show a time, it happened between 17:22 and 18:00. Which all the courts care about is that it happened.
This makes sense and now I'm glad I didn't go through with the trial.
You are misinformed, so I feel obliged to issue a correction, as it would be in the defendant's interest. The lightest speeding an insurance company in Ontario will treat as a "major" offense is 45km/h over the limit. Some will treat anything under 50 as "minor."
FyreStorm wrote:
I'd be more concerned with them entering the 94 kn/h amendment. The fine would go up from $138.75 and 3 demerits to $259 and 4 demerits. Also most insurance companies see anything 30 over and above as a MAJOR conviction which could seriously mess with your rates.
Where you going 94 km/h?
If so, pay this thing and be greatful.
I've seen dozens of people since R. v. Wannamaker leave court cursing their decision to fight their 'break'.
Also what's your record like?
You are misinformed, so I feel obliged to issue a correction, as it would be in the defendant's interest. The lightest speeding an insurance company in Ontario will treat as a "major" offense is 45km/h over the limit. Some will treat anything under 50 as "minor."
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
My insurer has 45 km/h+ is major, 16-44 km/h over is minor, 15 km/h or less is forgiven (first one), any additional are minor.
My insurer has 45 km/h+ is major, 16-44 km/h over is minor, 15 km/h or less is forgiven (first one), any additional are minor.
* 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
Would you mind disclosing your insurer? While it does vary from company to company, the worst one I've heard of, treated 45+ over as a "major". Some tolerated as high as 49.
FyreStorm wrote:
Then that must vary from company to company, mine splits it 29 & Under and >30km/h...
Would you mind disclosing your insurer? While it does vary from company to company, the worst one I've heard of, treated 45+ over as a "major". Some tolerated as high as 49.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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