Speeding 106km/hr in a 80km/h zone

highway10
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Speeding 106km/hr in a 80km/h zone

by: highway10 on
Thu Apr 23, 2009 7:34 pm

Hi Guys,

Well it took a while and I was hoping that it would never turn up the disclosure finally arrived.

I had asked for a typed copy of the officers notes I received the hand written version. Should I ask the prosecutor again for a typed version?

I can read most of it. Looks like the officer used something called a Genesis II (not sure if it is a radar or laser).

He used it from approx 200m. According to the notes there were no other vehicles insight. There were other vehicles but I'm guess its going to be his word against mine on that.

Looks like he tested the unit at 8:00 am and 8:22 am. The time on the ticket is 8:08PM. As discussed earlier I'm not sure whether thats going to help my case.

Any thoughts or advise?

Thanks


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by: hwybear on
Thu Apr 23, 2009 7:44 pm

highway10 wrote:I can read most of it. Looks like the officer used something called a Genesis II (not sure if it is a radar or laser).

He used it from approx 200m. According to the notes there were no other vehicles insight. There were other vehicles but I'm guess its going to be his word against mine on that.
Genesis II is radar.

No other vehicles to you and the officer is 2 different things. You obviously saw other vehicles, but the officer is probably distinguishing that there were no other vehicles in the usual portion of the radar beam.
Last edited by hwybear on Thu Apr 23, 2009 9:28 pm, edited 1 time in total.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


highway10
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by: highway10 on
Thu Apr 23, 2009 8:16 pm

Based with the information on my disclosure is there a course of action or strategy I should use...or should I try for a plea bargain?


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by: Reflections on
Thu Apr 23, 2009 9:07 pm

Looks like he tested the unit at 8:00 am and 8:22 am. The time on the ticket is 8:08PM. As discussed earlier I'm not sure whether thats going to help my case.
Are you sure about those times. You sure it's not 8:00 pm and 8:22 pm. Officer's do have to test their equipment before and after a stop, little case law there,....that's about all you got....other then that you be hooked.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: highway10 on
Sat Apr 25, 2009 1:12 pm

It looks like I didn't make myself very clear.

On the ticket the officer had marked the PM box. However I was pulled over in the AM. From the disclosure its clear that he tested the radar before and after he pulled me over in the AM.

I had been "hoping" to use the fact that he marked the wrong time on the ticket as part of my defense. I had obtained a letter from my employer clearly stating that at the time of the offence I was at work. Seeing that the correct times are on the disclosure does this weaken my defense?

I had also asked for a typed copy of the disclosure which was not supplied. Should I ask for another typed copy? Or would I just be annoying and reducing my chances on a plea bargain?

Thanks


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by: Imax on
Sun Apr 26, 2009 12:27 am

Don’t focus your case on the PM/AM box. It’s probably not a fatale error. If you want a typed version of the notes, you may need to contact the officer.


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by: highway10 on
Sun Apr 26, 2009 1:32 pm

Hey,

I've been browsing the sections of the forum on here and found that an incorrect set fine might help me. My set fine is $97.50, how can I verify that this amount is correct?

I have been to the following website but I am not able to find Schedule B.

http://www.ontariocourts.on.ca/ocj/en/s ... /index.htm

If it is incorrect I'm a little confused to whether I should attend or not attend the court day. Any help would be appreciated.

Thanks


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by: ticketcombat on
Sun Apr 26, 2009 3:08 pm

26km/h x $3.75 per km = $97.50
+$20 victim surcharge
+$5 costs
_____________________
Total payable = $122.50

********************************************

Some suggestions:

Forget the AM/PM thing. It will corrected at trial.

If your trial is in May you won't have enough time to re-request disclosure. So concentrate on filing an application for a stay.

******************************************
Example:

I have requested disclosure. I also specifically requested a copy of the radar manual and typed copies of the officer's notes, neither of which were provided.

Since the beginning of radar use in Ontario and for the last 50 years (R. v. Grainger (1958), 120 C.C.C. 321 (Ont. C.A.)) in order to obtain a conviction for a speeding charge based on radar, the Crown must show that
* (1)the officer was properly trained to setup and operate a speed measuring device and
* (2) that the device was working properly.

No information has been disclosed to me about the officer's training or the working order of the radar unit.

I suspect the Crown will attempt to establish points 1 & 2 at trial without disclosing this information to me in advance.

The Crown has a duty to disclose information that is useful to the defence in order to know the evidence against them, prepare for trial and make full answer to the charge. (R. v. Stinchcombe, 1991 CanLII 45 (S.C.C.); R. v. O'Connor, 1995 CanLII 51 (S.C.C.)).

The Crown has failed to meet its disclosure obligation and in doing so has violated my section 7 Charter right.

I respectfully request an order allowing the application and granting a stay of proceedings pursuant to Section 24(1) of the Charter.

Easy peasy!
Fight Your Ticket!


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by: racer on
Sun Apr 26, 2009 4:35 pm

tdrive2 wrote:Maybe a law banning all passengers would be more realistic to.
That would double, if not triple, the amount of cars on the road, and make those who can't drive drive more!
"The more laws, the less justice" - Marcus Tullius Cicero
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by: highway10 on
Tue Apr 28, 2009 6:34 pm

WOW!!

Hadn't been online for a few days, but I was so surprised when I got here today. Thank you for you assistance I will let you guys know how it goes. I actually feel better about going to court now.


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by: highway10 on
Wed May 20, 2009 2:11 pm

Hey Guys,

Finally had my day in court the prosecutor offered to reduce the ticket to 15km/h over which resulted in zero demerit points. I ended up taking this offer and pleading guilty.

Thank you guys for all the help


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