Reduced ticket from 46 km/h over

downpat
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Reduced ticket from 46 km/h over

Unread post by downpat on

Hi all,

I received at ticket on Hanlon Pkwy. @ Wellington St. in Guelph. I failed to realize that it was a 60 zone, as I previously was driving on the 401 and dropped a friend off in Guelph. The officer said I was driving 106 in a 60, I apologized and he lowered the ticket to 29 over (89 in a 60), since I didn't have any outstanding tickets on my record. In 2011 I fought my first speeding ticket through a paralegal service and the charge was dropped and traded for something else (no demerits, only minor conviction on my record) - it was actually last week that conviction was erased from my insurance since it was 3 years. My question now, what might be my best efforts to fight this speeding ticket? I read that paralegals will just plea guilty in exchange for a lesser charge whilst the conviction will still go to insurance, like the last charge. I can't afford the paralegal service this time around and I'd like to fight the ticket myself in court. I want to set up a trial and request a disclosure, but what else can I do to set up a good strategy?


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Decatur
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Unread post by Decatur on

Start by doing a search and reading through older posts. You can't really do much until you request a trial and see what the disclosure is.


Passing Thru
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Unread post by Passing Thru on

Also if you go to trial be prepared to fight the full 106 in a 60. You already got the break at the side of the road. Don't know how the Prosecutors are in Guelph but here in Toronto you would be given a chance to plead guilty to the 29 over as is before the trial when you arrive because that's what the 106 would have been reduced to by them if there wasn't a reduction already and if not go to trial and take your chances.


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Unread post by downpat on

I mailed the ticket requesting a trial + disclosure request today, so I'll keep this thread updated when I get my package.


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Decatur
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Unread post by Decatur on

You generally can't request disclosure until you receive your notice of trial.


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Unread post by downpat on

Decatur wrote:You generally can't request disclosure until you receive your notice of trial.
The notice of trial came in the mail, and it will be on August 29, 2013. I faxed another disclosure request to them today (keeping the fax receipts). Do you know how long it may take until I will get the package? Apparently might take a good 6-8 weeks, at that time it'd be pushing very close (if not over) the court date. Not too sure what to do, I'm trying to follow ticketcombat.com...


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Unread post by Decatur on

If you don't have it by the time of the trial or only a day or so before, request an adjournment so you can review the disclosure.


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Unread post by downpat on

After 5 disclosure requests + Form 4F to stay proceedings, I received my disclosure package.

Officer's notes
Sun 9 June 2013
1600 on duty
Weather, 23 degrees C,
Sunny, clear
O/C: Sgt. S.
1600-1800
Sgt. O.
1600-0600
Soft ID: 6T102
Hard ID: 6-503
Shift Prep:
(5 lines blacked out)

1620 Tested Genesis II directional radar
#09321 per manual instruction, unit pass.

1630 10-8
(about 10-15 lines blacked out)

2156 me speeding, see template
2217 10-8, (11 lines blacked out)

LE 0100 Tested Genesis II directional radar
#09321 per manual instructions, pass

0400 off duty!


Template
Sedan, travelling north on Hwy 6;
Appeared exceeding posted speed limit: Yes
Passing: No
Activated radar distance: 150m
Officer stationary;
Audio doppler consistent with visual tracking and radar: Yes
Only vehicle in area of beam: Yes
Lead vehicle: No
Traffic in area: light
"Other vlts approx. 200m ahead of target vlt"
4 lanes, curved, dry conditions
17 degrees C art light
Radar: Decatur Genesis II with VIP
Auto self test activated: Yes
Qualified operator since Jan. 2011 by PC A.
Found to be working properly at 4:20pm and 0100am


Anything I can do from here? Thanks in advance.


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Decatur
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Unread post by Decatur on

More than sufficient notes to obtain a conviction in my opinion. Similar template notes to what I use but with additional information.
Without using legal representation and not having knowledge of police radar you have an uphill battle.


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Unread post by downpat on

Thanks for replying. I saw a thread by z24guy where he made a request in his disclosure for:
- Calibration Certificate for the Radar
- Calibration Certificate for any calibration equipment (may sound stupid, but in a proper calibration, you should be able to trace the equipment back to the standard)
- Certificate of Conformance (a written record indicating that the unit was manufactured to standard, and more importantly calibrated properly, available from all ISO9000 companies)
- Industry Canada certificate certifying that the unit has been approved for use in Canada

(see http://www.ontariohighwaytrafficact.com/topic3398.html) - could I make an additional disclosure request for this kind of stuff?


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Unread post by iFly55 on

downpat wrote:Thanks for replying. I saw a thread by z24guy where he made a request in his disclosure for:
- Calibration Certificate for the Radar
- Calibration Certificate for any calibration equipment (may sound stupid, but in a proper calibration, you should be able to trace the equipment back to the standard)
- Certificate of Conformance (a written record indicating that the unit was manufactured to standard, and more importantly calibrated properly, available from all ISO9000 companies)
- Industry Canada certificate certifying that the unit has been approved for use in Canada

(see http://www.ontariohighwaytrafficact.com/topic3398.html) - could I make an additional disclosure request for this kind of stuff?
i would highly suggest that you read that other thread in it's entirety, prior to endeavoring your additional disclosure request


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Unread post by Decatur on

Most of those documents aren't even in possession of the police. They can't disclose what they don't have.


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Unread post by downpat on

In that case, I feel my path is shortly ending soon. I can't think of anything else to do and I gave it all I got within my legal rights. Suggestions from this point in?






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