112km in 80km ticket help. Mistakes in officers notes

guitarded88
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112km in 80km ticket help. Mistakes in officers notes

by: guitarded88 on
Mon Dec 12, 2011 9:30 pm

I'm going to court on Wednesday, just had a few questions.

Earlier this year I received a speeding ticket doing 112km in an 80km in Guelph. It was not reduced. My trial has been delayed several times, first because I received disclosure too close to the trial date, and in poor form, as basically the officer's notes were illegible. So I called the prosecutor and she in turn emailed me *her* typed interpretation of the notes. After getting his confirmation I've found that basically, the information written in his notes is wrong.

- First of all, he clearly states that he was traveling Northbound, and I was traveling Southbound. This is actually opposite. I was traveling northbound, I passed him driving through an intersection, and then saw him do a u-turn on the highway (I remember dust) to come after me. I didn't even know he was coming for me, as I'm positive I wasn't speeding THAT much.

- Secondly, he also clearly states that I was the only vehicle on the road. This definitely was not the case, at 9:30am Friday on a busy highway near a popular outlet mall. There were several other cars on the road with me, that I can clearly remember, including a truck that was in front of me.

So finally i got my trial date in august, and even though I explicitly told the prosecutor to put me first because I had to work that day back in Brampton. The Prosecutor still put me in the last 3 people to go after the lunch break. I requested an adjournment, based on the fact that it was a new job, I was in a probationary and I could not be late (I still ended up late). Now my trial has been rescheduled to this Wednesday. I received the ticket march 8th, meaning it's been over 9 months... is this too soon to request a stay?

Also, not sure if this is relevant, but the intersection written on the ticket is roughly 1km away from where I saw the cop and eventually got pulled over. I feel like I can slip him up by proving on a map that it would be impossible for him to be traveling in the direction he says he was and still pull me over at the outlet mall where he gave me the ticket. The intersection on the ticket is roughly 1km south of where I got the ticket.


If anyone could help at all I would be really grateful! Even if anyone has tips on how to approach presenting my case, this is my first time doing this. I'll post the officer's notes below if it helps:

Thanks


Notes:

Typed notes as requested by defendant:
Offence date: 04 March 2011, Hwy 6 and 2nd Line, Nichol Twp Wellington County

Moving radar patrol northbound Hwy 6
Observed motor vehicle southbound at a high rate of speed
Only vehicle
Activated radar
Speed consistent at 112 km/hr
Audio correlation completed
Visual correlation completed
Patrol speed verified at 84 km/hr
Locked radar at 112 km/hr
Constant observation of motor vehicle
Driver ID with Ontario photo driver’s licence

Road Conditions: Downhill, straight posted 80 km/hr
Weather Conditions: Overcast

Radar Info: Decatur Genesis 2 Directional radar Serial Number 10-203
Tested according to manufactures instruction at 07:47 am and 15:44 hrs – Passed

Vehicle Information: Blue Kia STL Registered owner same as driver


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Simon Borys
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by: Simon Borys on
Wed Dec 14, 2011 10:07 pm

The offence only requires that you were traveling on a road somewhere in the province, so the specific location, direction, and how many other cars were on the road are not going to beat the ticket in and of themselves. They may be points you can use to attack the officer's credibility or reliability though.

If you requested an adjournment in August then all the time between then and your next court date is on you, meaning it doesn't count for the purposes of 11(b).
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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