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Ontario Highway Traffic Act

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speeding help needed.
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PostPosted: Mon Jul 19, 2010 10:33 am 
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Back in early June i received a ticket for 65km/hr in a 50km/hr zone.
There were 2 officers, one was using a device mounted on a monopod and another that actually wrote the ticket.
As soon as i was directed to pull over the officer using the radar packed up the equipment and left the scene. The other officer wrote the ticket.
I have received notice of a trial set for October, 2010.
The photocopy of the ticket shows that the witness check box is unchecked.

What I need to know is;

What exactly should i ask for in my disclosure request? (Please be specific, thanks)
will both officers need to attend court?
if only the writing officer attends, how can i cross examine on the use of the devise or is this enough for dismissal?

any help would be greatly appreciated.


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PostPosted: Mon Jul 19, 2010 12:22 pm 
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The witness box is only if there are civilian witnesses.

Just make sure you get copies of notes from both officers in your disclosure. Depending on what actions each took, they will probably both have to show up in court.

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PostPosted: Mon Jul 19, 2010 5:23 pm 
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Thanks Simon.

exactly what disclosure should i ask for pertaining to the radar?

Thanks.


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PostPosted: Mon Jul 19, 2010 7:41 pm 
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Depends on what arguments you intend to make but at minimum there should be enough in the package for the crown to prove the elements of the offence: that a motor vehicle was being driven on a highway, that you were ID'd as the driver, that the officer saw your vehicle, believed you were speeding and used the radar to confirm, that the radar was working properly and that he is qualified to use it.

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PostPosted: Tue Jul 20, 2010 6:53 am 
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The device on the tripod was most likely lidar.

In your disclosure you may want to ask for both officer's notes, testing notes including alignment checks, and a copy of the users manual for the speed detection device used.

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PostPosted: Tue Jul 20, 2010 9:34 am 
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Thanks Guys. Here is what i will ask for specifically;

o a full copy of police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o a copy of the users manual for the speed detection device used;
o any and all testing notes including alignment checks for the speed detection device used;
o witness will say statements;
o witness statements;
o any statements made by the defendant; and
o copies of the original notes of such statements;


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PostPosted: Wed Jul 21, 2010 7:07 am 
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Send that in and see what you get. You may have to send it twice, registered mail or fax with transmission record will do. Then you wait. Do you have a court date yet?

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PostPosted: Wed Jul 21, 2010 7:35 am 
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I have a court date for late October.
I set a diary date of Aug 12 and after that i will resend the request.

Just curious but do they ever use monopods or is it always a tripod.
Maybe when the officer waved me over they had the legs folded together but it looked like a monopod to me. This might make a difference when aiming the device, steady tripod versus a shakey monopod.

Thanks.


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PostPosted: Wed Jul 21, 2010 12:10 pm 
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I've never heard of anyone using a monopod.

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PostPosted: Thu Jul 22, 2010 9:52 am 
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Roger that....


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PostPosted: Thu Jul 22, 2010 9:43 pm 
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slopoke wrote:
Just curious but do they ever use monopods or is it always a tripod.
Maybe when the officer waved me over they had the legs folded together but it looked like a monopod to me. This might make a difference when aiming the device, steady tripod versus a shakey monopod.

Thanks.


Does it really matter? LIDAR doesn't need any form of a mount to be accurate.

Was 65 your actual speed or was it reduced at the scene?


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PostPosted: Fri Jul 23, 2010 8:03 am 
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cruzmisl wrote:
Does it really matter? LIDAR doesn't need any form of a mount to be accurate.


Something i can ask about during cross examination, might be able to raise some doubt about accuracy.

cruzmisl wrote:
Was 65 your actual speed or was it reduced at the scene?


i believe it was reduced at the scene.

We'll have to wait and see what disclosure there is, see for sure what device was used.

Thanks....


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PostPosted: Fri Jul 23, 2010 8:09 am 
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Lidar does have it's faults but you will need to read the manual to find out what they are.

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PostPosted: Fri Jul 23, 2010 8:54 am 
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slopoke wrote:
cruzmisl wrote:
Does it really matter? LIDAR doesn't need any form of a mount to be accurate.


Something i can ask about during cross examination, might be able to raise some doubt about accuracy.

cruzmisl wrote:
Was 65 your actual speed or was it reduced at the scene?


i believe it was reduced at the scene.

We'll have to wait and see what disclosure there is, see for sure what device was used.

Thanks....




Only LIDAR units are mounted. I have never seen a RADAR unit mounted unless permanently mounted in the car. Having said that there is no manufacturer that I am aware of that says the unit has to be mounted to ensure accuracy.

I'm a little perplexed. Why do so many people get cut a break and then want to take it to court. Seems unappreciative and greedy to me. I understand its your right (to have a trial) but also understand the speed will be ammended to the original.


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PostPosted: Fri Jul 23, 2010 9:14 am 
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that is just too damn funny........


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