speeding 76 in 50 zone

mboyko
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speeding 76 in 50 zone

Unread post by mboyko on

I've been given a speeding ticket 76 in 50 zone but believe I have a fatal flaw - lucky for me! The traffic cop didn't note an address where the alleged infraction took place only that it occured on Dundas St W. If you know Toronto then you'd know that Dundas W starts at Downtown Yonge St and goes all the way to Burlington.

If that doesn't work I've also sent the prosecutor's office a request for early trial and for disclosure - thanks to www.Ticketcombat.com.

Actually I am blown away by the quality and effort of that web site. Its first class undertaking! And I've learned a tremendous amount by reading it.

I do have a question though - Under Step 3 / Preparation - Linear Direction under a photo of a speed trap set up targeting cars coming out of an underpass, it states in part that while ...... "the officer has a clear view of the vehicles, the direction of travel is not linear (they're coming up a slope) toward the officer. A laser gun reading would be suspect and easily attacked for its accuracy"

Could anyone explain exactly what this means? When a vehicle is traveling up or down a slope and is not on a level surface with the laser gun, the gun is still pointed in a straight line at the vehicle. Why would this affect the speed reading of the vehicle? Where's the error?

The reason this is important to me is I was coming down a sloping road.

If someone can answer this question it would be most appreciated. :?: :?:
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Reflections
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Unread post by Reflections on

mboyko wrote:I do have a question though - Under Step 3 / Preparation - Linear Direction under a photo of a speed trap set up targeting cars coming out of an underpass, it states in part that while ...... "the officer has a clear view of the vehicles, the direction of travel is not linear (they're coming up a slope) toward the officer. A laser gun reading would be suspect and easily attacked for its accuracy"

Could anyone explain exactly what this means? When a vehicle is traveling up or down a slope and is not on a level surface with the laser gun, the gun is still pointed in a straight line at the vehicle. Why would this affect the speed reading of the vehicle? Where's the error?

The reason this is important to me is I was coming down a sloping road.

If someone can answer this question it would be most appreciated. Question Question
What is referenced here is cosine (as in math class) error. If the gun is pointed in your direction and you are driving down or up a hill your linear position, with reference to the gun is not the same as travelling away from the gun on a flat road. This error works in your favour though, as the speed registered by the device reads lower then actual. In the event that the officer was shooting uphill with a LIDAR, laser, device, the beam could have easily hit the road in front of your vehicle, then your vehicle, causing an erroneous reading.

I think I might draw this up, it's easier to visualize.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


mboyko
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Unread post by mboyko on

I understand the cosine law erring in favour of the motorist. Doesn't sound like I'll win on that one.

How about the fatal error? The cop named the street but not address or intersection near by.
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Radar Identified
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Unread post by Radar Identified on

The location on the ticket does not have to be specific. "Dundas St W" is enough. Unfortunately it is not a "fatal error."

Reflections mentions the possible error with the LIDAR. That's one avenue. It really depends on how receptive the JP is to hearing your argument, and how familiar the officer is with the equipment.

Your disclosure request will yield some information that can help you. You want the officer's notes to see if he tested the device before and after use, his observations, and compare that to the manual which should also be included in the disclosure. No manual = improper disclosure = trial stayed. Was there more than one officer at the scene?


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Unread post by hwybear on

mboyko wrote:How about the fatal error? The cop named the street but not address or intersection near by.
Unless it the offence is collision related there would not be a 2nd road listed. Another road has nothing to do with the offence.

Would not list a 911 number either as did not occur in a residence.




Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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