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112km in an 80.... Officer's Disclosure notes are incorrect.
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PostPosted: Sat May 14, 2011 3:21 pm 
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Joined: Sat May 14, 2011 2:56 pm
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If anyone has ANY input it would help me more than you can imagine!

So earlier this year I got a speeding ticket in Guelph. Following others' advice I decided to take it to court. My trial is next thursday (may 19th), I've requested, and received, disclosure. But unfortunately the officer's notes that were mailed to me were illegible. So I called the prosecutor and she in turn emailed me *her* typed interpretation of the notes.

I still need the officer to either send me HIS typed version of the notes, or I need him to confirm the correctness of the Prosecutor's notes.

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 turn around 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 popular highway near a popular outlet mall, this is obviously not true. There were definitely several other cars on the road with me, that I can clearly remember, including a truck that was in front of me.

- Finally, the Prosecutor's interpretation says I was driving a Black Kia, but I own a Blue Kia. However, the officer may correct this, as I can't make out what he actually wrote on his original "notes."

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'm also STILL trying to locate the instruction manual for the radar he used, "Decatur Genesis II," if anyone has any ideas.


I'm fairly desperate, as I'm moving to Brampton and my insurance is already quoted at $8000 per year. I've never gotten a speeding ticket before, and really have no idea what to do on the actual day of trial.


If anyone could help I would be really grateful!!!! I'll post the prosecutor's interpretation of the officer's notes below:

Thanks


Notes:

On/R/P (on regular patrol) Northbound HWY 6.

Observed motor vehicle southbound at high rate of speed. Only vehicle –

activated radar - speed constant at 112 km/h. Audio (yes) ___ (not read)

Patrol Speed verified at 84 km/h.

Locked @ 112 km/h.

Constant observation of motor vehicle, i.d. Ontario photo Driver Licence

Road conditions – downhill, straight

Posted 80 k/hr

Weather conditions – overcast

Radar : Decatur Genesis II

Directional Serial number 10-203

Tested according to manufacturer’s instructions at 07.47 and 15.44 – passed

Vehicle : black Kia

Registered owner same


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Re: 112km in an 80.... Officer's Disclosure notes are incorr
PostPosted: Sat May 14, 2011 4:52 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
guitarded88 wrote:
- 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 popular highway near a popular outlet mall, this is obviously not true. There were definitely several other cars on the road with me, that I can clearly remember, including a truck that was in front of me.


In fact you are most likely the solo vehicle as the officer is referring to how many vehicle(s) are in the usuable portion of the radar beam. After the truck goes past the location of the cruiser, even if you are 4 car lengths behind, you are still the single solo vehicle in the radar beam.

_________________
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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Re: 112km in an 80.... Officer's Disclosure notes are incorr
PostPosted: Sat May 14, 2011 6:42 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Disclosure of the radar manual is required... at least the relevant portions.

As for the errors in the notes, they are minor, but if the officer testifies, they might trip him up slightly. I wouldn't really bet on that being sufficient to get your case thrown out, though.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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