"114 in an 80" - No way

calmcoolcollected
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"114 in an 80" - No way

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Last edited by calmcoolcollected on Wed Aug 18, 2010 3:41 pm, edited 3 times in total.


calmcoolcollected
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Unread post by calmcoolcollected on

On a related note: In choosing Option 3. I have the ability to mail this in (versus having to call, or line up), which is great. Iam about to fill it out, and send it in to the address given. On the form.

I assume I tick the box saying "I intend to appear in court etc etc'; But there is a second box too (further down) which states: I intend to challenge the evidence of the OPP officer, I request that the officer attend the trial.

I assume I tick this box too, but am confused by the need to do so, or the question generally. Doesn't the first ticky box, not assume the second?

Just don't want to mess 'it' up.

Does anything else need to accompnay this yellow Offence Notice?

Can I submit a letter with it, requesting 'disclosure' or does that happen later?

Sorry, lots of questions, Iam combing through the forum, great stuff, terrific resource


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Reflections
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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by calmcoolcollected on

Thanks Reflections. Ive not come across the info related to my second post, but am hoping ill come across it soon. Thanks
Last edited by calmcoolcollected on Tue Jun 22, 2010 2:00 pm, edited 1 time in total.


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Unread post by calmcoolcollected on

Selected #3 and ticked both boxes. Went to the post office, and posted it yesterday. Sent it general mail.

Was just reading some info on: http://www.ontarioticket.com. Which states: "requesting a court date through certified or registered mail to the courts".

I did not send mine via certified, or registered mail.

Is there anything I should be doing to verify its arrival?


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Reflections
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Just time and a signature.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by OPS Copper on

calmcoolcollected wrote: I was traveling with the speed of traffic, and was eventually the lead-car.

Posted to: http://www.ontariohighwaytrafficact.com ... h-f37.html

Um if you are the lead car you are no longer driving with the flow of traffic..You are setting the flow of traffic.

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Unread post by calmcoolcollected on

I see what you're saying, and see the confusion. I should have said -

I became the 'lone car' - having been passed by other cars, and the cars that were in front of me, having moved-on.

There were cars further back, 1/4 km or so, as I ascended the hill.


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Unread post by calmcoolcollected on

Ive now received my 'notice of trail' - date Auguest 20.10.

I have two questions related to disclosure:

1/. Ive located the 'template' (http://www.ticketcombat.com/step4/sampledisclosure.doc) and have filled it out.

a. Do I send it to the same addy as I sent my ticket (the municipal office, should it be attn'd anyone?).

b. In a related post (http://www.ontariohighwaytrafficact.com ... sure#15318) on this forum, Radar Identified
says: usually what I'd ask for are a full copy of the officer's notes, the radar/lidar manual, and any other evidence that the Prosecutor has and intends to use at trial.

There is no mention, inthe template of radar/lidar manual, should I add this? Is there anything else missing from the template, that I should ask for?

Thanks in advance, great site.


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Unread post by Simon Borys on

calmcoolcollected wrote:There is no mention, inthe template of radar/lidar manual, should I add this? Is there anything else missing from the template, that I should ask for?
Only ask for things that are relevant to your defence. Don't waste your time, or the court's, by using disclosure requests as a fishing expedition. Do you have a specific reason for wanting the manual? If you do, definitely request it and articulate why you want it. If you have an articulate reason for wanting it and you don't get it then you are set up well for a charter application, but a charter application won't fly if you asked for the kitchen sink and didn't get it.

There is plenty of case law on disclosure which supports the idea that the right to disclosure is not absolute; you are not automatically entitled to anything and everything under the sun that you ask for.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Unread post by calmcoolcollected on

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Last edited by calmcoolcollected on Wed Aug 18, 2010 3:45 pm, edited 1 time in total.


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Unread post by sayashi on

im in the same boat as you on hwy 10 toward owen sound
let me know how you go at it
im just about to send in my disclosure request
asking for all the notes
the officer was in the opposite direction also
and as i know not sure if this is true or not but there is no working radar while moving in the officer's car
if someone can point out if this is true or not please do so


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Unread post by Simon Borys on

sayashi wrote:as i know not sure if this is true or not but there is no working radar while moving in the officer's car if someone can point out if this is true or not please do so
Sure there is, it's called moving radar :) It's mounted in the front and/or rear dash and records the speed of other vehicles while the cruiser is in motion.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Unread post by Radar Identified on

calmcoolcollected wrote:I believe the radar reading and manual would help me navigate these waters...sound on-point?
The manual could help you construct a defence. For example, in the officer's notes, if he says he "tested radar in accordance with manufacturer's specs," the manual would spell out how to do this. You could then ask, at trial, how he tested it, and compare it to the manual's procedures to see if it was correct or not. Improper testing = radar reading invalid.

As for "radar reading," I'm not sure what you're asking for here. The radar doesn't print out a reading or anything like that, it's only the officer's testimony that the device was reading speed "X."




* 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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