Yes it is you in front of the Judge asking for a new trial.
Yes the crown will be there to possibly object. They may not object though.
Re: Truly was not speeding
Yes it is you in front of the Judge asking for a new trial.
Yes the crown will be there to possibly object. They may not object though.
Re: Truly was not speeding
So a NEW trial then...not an appeal of the first trial/conviction?
I can't wait to see how this goes (drips with sarcasm)
Judge: Let me understand this. The crown offered you 65 in a 50 twice and you turned it down twice. Then you don't show up for your trial. And now you want another one?
Me: Yes, sir.
Judge: Why should I do that?
Me: Because I have physical evidence that suggests the car could not have been where it is said to have been. And the crown told me to appeal rather than recall my name at the trial.
Crown: He had his chance. Screw him.
Judge: Screw you.
If granted, would the new trial be held in the lower court where it should have been if I showed up on time, or in the appeal court?
Re: Truly was not speeding
Well, my prediction (previous post above) of what the judge would say at my appeal hearing was pretty close, but like I said, there is always a surprise in court. At least to me anyway. Here's how it went.
Judge: "I have reviewed the matter. You were late for your trial and you were convicted and now you want another trial is that right?"
Me: "Yes, sir."
Judge: Pauses. Scowling. Shakes his head. "I could say something but it will do me no good".
Me: (Thinking I'm about to get blasted)
Judge: "This is not justice. I am going to overturn the conviction and give you a new trial".
I'm pretty sure I would he would not have overturned the conviction if I was a no show at trial. But I wasn't a no show...I was late and I checked in with the crown. I almost didn't go to the court that day because I thought there was no use. Learned something.
Re: Truly was not speeding
Well that is good news! ![]()
Re: Truly was not speeding
Yes it is I guess.
Where is it written that I am entitled to disclosure of the radar operator manual? Furthermore, where is it written that I am entitled to anything at all? For example, I want the VIN of the patrol car. It's key to my defense. What do I say to the judge when the crown refuses to give it to me?
Re: Truly was not speeding
You are entitled to prepare your defense and make full answer to the charges.
Anything you want, like manual and VIN number, will have to be argued about why you need it and why it is important to your defense. If you can't convince the prosecutor to give it to you, then you need to convince the JP to make the prosecutor give it to you. If you can't convince the JP then you need to convince the Judge at your appeal that you should have gotten it. So basically you need to make a disclosure request with as much detail as possible to make these arguments.
I just posted this earlier today which is a starting point:
Re: Truly was not speeding
I am curious, how can a vin number be key to your defence?
Re: Truly was not speeding
screeech wrote:
I am curious, how can a vin number be key to your defence?
+1
Re: Truly was not speeding
it gets me info about the car. see post 6, para 6.
Re: Truly was not speeding
Well, I can't say I have ever seen that one in court before...If I had to take a semi educated guess, it is not going to happen this time either. The data you seek will be unreliable at best. The vin may give you the make, model and engine size...your weight will not be accurate given after market additions to the cruiser for such equipment as light bar, cage, computer, emergency equipment in trunk and so on...And as soon as you make "assumptions" it all goes out the window anyway. The court will only consider facts, not assumptions. Of course your expert will tell you what you want to hear, he wants to get paid, and generally they are not cheap. I would take a hard long look at your experts CV before investing too much money...
Re: Truly was not speeding
CV...... We're talking 10th grade physics here. Care to bet against me? I have pay pal.
Re: Truly was not speeding
Looking for engine size, model year and a few other things. Not really looking to get weight from the VIN. Maybe I'll revise my disclosure so they have to run down to the local grain elevator and weigh the actual unit and get me scale ticket.
They can either give what I need or not. Either way I win.
Re: Truly was not speeding
It'll be interesting. I doubt the justice is going to give you what you're hoping for or put as much weight on your physics calculations as you are expecting but who knows. Do come back and let us know how it went.
Re: Truly was not speeding
We should find out very soon what the crown is ordered to disclose. If I was the crown and the officer, I would just drop it. It's just wouldn't be worth putting my time and reputation on the line fighting a true believer.
Re: Truly was not speeding
Most people have no clue how the court operates, so when the prosecutor gets a request for stuff like you are asking for, they will just blow it off and not give it to you. If you have given some good reasons why you need it, then I would file an 11b charter application 3 weeks before the trial saying you have not received it as this will force the prosecutor to come up with their reasons why they are not going to give it to you.
I hope you are successful in getting this information, however do not be surprised if the JP simply agrees with the prosecutor that you don't need it. This is how our great unjustice works!
Re: Truly was not speeding
The problem I see for you is that you can't take the stand without purjuring yourself as you've said you were speeding (just not by as much as the ticket). Your entire case therefore rests on throwing enough reasonable doubt on the officers testimony by focusing on the fact that he caught you 80m from the intersection when he was 40m from the intersection. These are just estimates because he certainly didn't measure them. Could it have been 120m and 80m ? Maybe. Perhaps it could even have been 160m and 120m. I see it going this way: crown introduces the officer's radar evidence, you cross and bring in the acceleration/vehicle power argument showing that the 80m/40m is unlikely, then crown gets to go again and asks the officer if it could have been further. Officer says yes and judge accepts that.
It seems that you think the officer is going to lie in his testimony and to prove that and have a justice basically state that the court does not believe an officer you are going to need a heck of a lot more than what you have.
I admire your tenacity but I have seen many people come to court with all sorts of arguments but it all boils down to 'were you speeding' and I haven't read anything that leads me to believe that you can show enough reasonable doubt.
As I said, it's going to be interesting and please keep us posted.
Re: Truly was not speeding
Now officer, you just testified that you are a 9 yr veteran and you are an expert at judging speed and distance visually, and now you can't tell the difference between 40 m and 120 m?
Re: Truly was not speeding
I know you are putting great stock in that question. I just have my doubts that the justice will give it much weight. Time will tell.
Re: Truly was not speeding
Yeah that question and about 100 more.
Changing gears here, I see you are a retired officer. I assume you used radar. Off the record, did you or your colleagues ever take liberties with when you locked the radar in? Maybe because you knew the guy was speeding but you couldn't get him locked in time? Or maybe you drove around with 98 km locked on the display just in case?
I bet I fell for the oldest trick in the book
Re: Truly was not speeding
Absolutely not. Locking in is actually pretty irrelevant. I would testify the speed that I saw being displayed whether or not it was locked. I didn't allow people to come and see the radar because there is no need. To do so they have to get out into traffic and also tactically it would allow for someone who's agitated to take a run at me. I simply testified as to what I saw and did and let the chips fall where they may. It was not my job to get a conviction - it was my job to present truthful evidence.
Re: Truly was not speeding
You don't have to lock? Didn't know that. Actually at one time I though you were suppose to lock two readings. Back 30 plus years ago when I was 16 I got a ticket and the officer told me he only locked one reading because when I saw him I braked so hard he couldn't even read the numbers on the radar.
Re: Truly was not speeding
I do not know how it works elsewhere but VIN would be pretty much impossible to get. We have 40 cars and drive what ever is available. I am not sure that there is a record as to what car we drove on shift unless I took someone to jail and the sally port video was used.
I do not know where cops ever testify that they are experts on judging speed. What I always say is I observed a car and it appeared to be speeding. Actually having to provided a estimated speed is not required. However when it was required it I was pretty amazed how close we could actually get, Usually within +- 5kmh.
We never had to judge the distance. The only time distance came into play was LIDAR and it was part of the reading. Any other distance would be purely an approximation and not at all official.
For some reason people seem to think that when we see a car and decide it is speeding that we will do anything to make it happen. Most times if I see a car speeding and am not ready it gets a pass. There are many cars after that will be speeding. Think of it like fishing. You cannot catch everyone.
Police do not get paid for the conviction. We lay the charge and what ever happens in court happens. Most do not take it personally if we lose.
We get asked all kinds of odd questions in court. I have been asked about acceleration on the cruiser. I just said I have no Idea and this is not relevant as the radar speed was "blah blah blah. (that is if the crown did not object as to it's relevance) There is no reason we would need to know this and it is not relevant to the charge
Trespassing on the police lot. Here you actually would have been arrested and charged. You say your taxes helped pay for them and seem to think that you you have a right. However, you do not. It is private property and not for public access(it is posted as such) and we do not know why you are there. How do we know you are not there for some nefarious reason or trying to track our personal vehicles(we park in the same lot). This has happened in the past. In fact I think it was Hamilton cops got into a shoot out with someone in their parking lot. In Ottawa the guy who killed the cop in 2009 was actually hunting for a cop in the station parking lot at one point. So yeah it is a big deal now.
Re: Truly was not speeding
There is no requirement for officer to "lock in" a reading. They will testify to the first reading or highest reading they SAW on the radar and that will be considered prima facia evidence of your speed at the time unless you can bring reasonable doubt to the reading, like proving they did not follow manufacturers instructions for testing it properly.
Re: Truly was not speeding
Went before the green sash to set a new trial date. I mentioned to his worship that there was still some disclosure outstanding. He said tell it to the trial judge. Crown (a new one this time around) interjected and said write me a letter I'll see what I can do. Also mentioned to his worship that I was denied access to the radar manual. He said you probably won't get that....it's too thick. Then an officer stepped up and told the crown that I could look at it at the station.
Re: Truly was not speeding UPDATE
I'm back to update.
I had my new trial today. Final outcome was that the crown withdrew the charge.
I met with the crown before court took session. Said I would be making three pre trial motions to dismiss 1) time on ticket was wrong, 2) the matter has taken too long. It's been 17 months, 5 court appearances, 4 different Crown attorneys and I still don't have the disclosure about the car that I need, which brings me to 3) Crown had failed to provide me with info on the car that I need to defend myself.
Crown asks why I need car info. I say because from a stop he disclosed that he accelerated to within 35 meters of my bumper when I was allegedly traveling at 72 kph and he accomplished this feat in only 70 meters and ~2.5 seconds. I think we need to see what he has under the hood. Crown said you can ask but I will object to all but if you can show what you allege, then you won't need car info. I said one more thing... Off the the record that officer is lying to you and if I cross examine him it won't be pretty but i don't want to do that. Crown said I have a good brief but I will talk to officer again. I said make sure you don't prep him. Officer stood by his story and we went into court room.
Then this. Just seconds before calling my name Crown approaches me in the pew and says the cop now says that his disclosure a year ago about being 35 m behind me at radar lock is untrue. Crown withdraws charge because "we have an optics issue". Yes ma'am I think you do.
That was one ticked off Crown prosecutor. Cop tried to get out of there but Crown said No I want you to stand here while I give this man the news. Then it was " now you come with me officer "
So a lying cop was outed today. Raise a glass.
Re: Truly was not speeding
Oh, about the radar manual disclosure. OPP said it was copywrite infringement if they gave me a copy but the radar instructor volunteered to sit with me at the detachment while I read it. In the end, that was way better than getting a copy because I sat there for 90 minutes asking him questions. I know a thing or two about radar now. Example of a classy professional police officer there.
Re: Truly was not speeding
Congratulations on your win!
I do find it strange that the police officer would admit to hs notes being wrong. If they are going to lie in their notes, then why would they not continue to lie in the court? But anyways, it is all good news for you! Way to stand up for your rights and see it thru!
Re: Truly was not speeding
the untrue statement wasn't in his notes. It was in an email from the crown to me in response to a question I asked. I asked "how far was the patrol car behind the subject vehicle at radar lock?". The and the answer in the email reply from Crown was ".... I didn't measure but it's a Short stretch of road.... Maybe 30-40 meters from back of trailer".
He didn't admit to lying. He said the statement (which was attributed to him) was untrue. He said the crown misquoted him in her disclosure letter to me. And since that particular Crown attorney has moved on, she wasn't able to speak to that allegation. But the truth was clear for everyone to see.
Its my civic duty to file a complaint against him but Im not sure if I will. He doesn't seem like a bad guy but I guess that's what he wants me to think now that he's been caught on a lie.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
Any help would be appreciated
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
I'm having a big issue right now.
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
The…
I was reading the other topic in this fourm.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Do I have a case where I could win?
Hello, hoping here someone can help.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.

The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)

I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
Thanks!
Hey,
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Here we grow again!
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However, we would like our visitors to approve him here.
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I have a trial scheduled for Monday and finally went to pick up the notes and DVD. Would love some advice.
This is a ticketed 70 in a 60, reduced from an alleged 84.
xxxx car with PC <officer>
Sunny Clear Morning Roads Dry and Bare
Rds in good condition with clearly marked lanes.
Bee III tested at 0725 hrs
Police are W/B Observe a blk <my car> weaving through traffic…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
I…
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
so I wonder if the OPP going to be out Monday morning handing out tickets for talking on the cell phone tommorow ![]()
wonder how much this is going to backlog the courts now--because im thinking, alot of people just arent going to get it..
Hi,
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
but this information says differently..
www.canlii.org/en/on/laws/reâ¦latest/rro-1990-reg-200.html
11. (1) The clerk…
I got a ticket for doing 145km/hr in a 100km/hr posted on hwy 401 East Region near Napanee at 11:15pm on Oct 24 2014.
I am fighting the ticket myself and just received the disclosure.
The officer used the Genesis II Select Directional Radar and in her notes she wrote:
"Radar - G2S25705"
"test before - 1100"
"test after - 0410"
Can anyone tell me what the two numbers for test before and test after mean?
I…
Dear friends,
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
My…
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…