No time to file for disclosure

cavcasie
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No time to file for disclosure

by: cavcasie on
Sun Sep 06, 2009 8:40 pm

Hey,

I got a speeding ticket in a speed trap for 66km/h in a 50km zone, which i do not beleive i was going that speed. I was in the right lane, and there was another vehicle in the left lane, and the officer pulled both of us over. When the officer approached my vehicle and asked for my licence and registration he mentioned that he clocked me at 66km/h and the other vehicle to my left at 72km/h. I filed for a trail, and in early September received my letter to appear in court for October 9th.

I guess my question is

1. is it possible to pull 2 vehicles over at the same time. ie, can the officer use the rader appropriately to successfuly clock both vehicles?

2. If i am only given a month notice to appear in court, will this give me enough time to file for disclosure and prepare for the case?

if anyone can help me this would be greatly appreciated.


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by: Plenderzoosh on
Mon Sep 07, 2009 9:25 am

You might get your disclosure package in time, but if you don't you can just explain to the Justice that you didn't know about disclosure and that you need time to review it in order to defend yourself and the Justice should grant you an adjournment.

As for your other questions, YES it is possible that an officer could pull two people over and get them on radar but it makes it less likely that the radar gun was tested after each use (but not impossible to my knowledge). When you receive a copy of the officers notes in your disclosure package you should get a pretty good understanding of whether or not the device was tested before and after using. This is one of the reasons why disclosure is so important and you should insist that you can't defend yourself without it.

Once you have filed for disclosure we can possibly give you a little more help because we'll have a better idea what you're up against.


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hwybear
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by: hwybear on
Mon Sep 07, 2009 6:38 pm

Plenderzoosh wrote:As for your other questions, YES it is possible that an officer could pull two people over and get them on radar but it makes it less likely that the radar gun was tested after each use (but not impossible to my knowledge). .
Unit has to be tested before and after the offence, not each individual use. I test start of day, end of day....plus after any break I sneak in at Tim's :lol:
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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Reflections
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by: Reflections on
Mon Sep 07, 2009 7:50 pm

hwybear wrote:
Plenderzoosh wrote:As for your other questions, YES it is possible that an officer could pull two people over and get them on radar but it makes it less likely that the radar gun was tested after each use (but not impossible to my knowledge). .
Unit has to be tested before and after the offence, not each individual use. I test start of day, end of day....plus after any break I sneak in at Tim's :lol:
You got the gun at the table??? :D :D
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


cavcasie
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by: cavcasie on
Mon Sep 07, 2009 9:06 pm

thanks alot for everyones help! hopefully this information will be useful in court!


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Radar Identified
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by: Radar Identified on
Tue Sep 08, 2009 1:07 am

Just to be sure, is this a trial or First Attendance meeting? As for the rest of it... Plenderzoosh pretty much covered what you need to know at this point. Make sure to keep a copy of the disclosure request and a fax transmission report, or registered mail receipt, showing that your request was received by the Crown.
hwybear wrote:plus after any break I sneak in at Tim's
What if coffee spills affect the reliability of the LIDAR?! :shock: :D :lol:


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hwybear
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by: hwybear on
Tue Sep 08, 2009 7:25 am

Radar Identified wrote:
hwybear wrote:plus after any break I sneak in at Tim's
What if coffee spills affect the reliability of the LIDAR?! :shock: :D :lol:
that is why I switched to "steeped tea" a little less corrosive on the electronics :wink:
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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Reflections
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by: Reflections on
Tue Sep 08, 2009 7:28 am

hwybear wrote:
Radar Identified wrote:
hwybear wrote:plus after any break I sneak in at Tim's
What if coffee spills affect the reliability of the LIDAR?! :shock: :D :lol:
that is why I switched to "steeped tea" a little less corrosive on the electronics :wink:
Yeah, but tea stains worse then coffee :D :D
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Radar Identified
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by: Radar Identified on
Tue Sep 08, 2009 2:29 pm

Hmm... time to do a little research on the effects of steeped tea and LIDAR... I wonder if Mythbusters is willing to take this one on...


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