... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr. Sent request for disclosure, Prosecutor called, had to call him back and he said he wasn't required to send me the manuals for the radar/lidar, and that I could make an appointment to see them at a police office. Then he asked me the officer number, which he named after confirming and identified the vehicle he normally drives. Asked where I was pulled over so I told him, then proceeded to explain my side of the story. He said, ah, and asked me if my court date was on the notice of trial, which I confirmed and he said, see you then. Is he required to give me the manuals? He said he would identify the equipment. I have photographs (taken by me) of the hill and the spot where the officer was hiding. Also with views from the hiding spot. The only things I can think of to build my case is this: It was a hill and a curve, so at no point were we on the same vector for lidar. There were two cars pulled over, both grey, so how could he have been able to identify which car was speeding. Additionally, we were passing a truck, three vehicles bunched together. The distance from the crest of the hill to the hiding spot is maybe 150-200m, I've still yet to measure. Not sure what else I can do, I'm not interested in a reduction, nothing short of an acquittal, stay, or not-guilty verdict will do. We had a GPS in the car that also measures speed, which was pointed at my wife in the passenger seat, and she can confirm that we never sped at any point, will an affidavit suffice? What else do I need to do? BTW, this site is great!
... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr.
Sent request for disclosure, Prosecutor called, had to call him back and he said he wasn't required to send me the manuals for the radar/lidar, and that I could make an appointment to see them at a police office.
Then he asked me the officer number, which he named after confirming and identified the vehicle he normally drives. Asked where I was pulled over so I told him, then proceeded to explain my side of the story. He said, ah, and asked me if my court date was on the notice of trial, which I confirmed and he said, see you then.
Is he required to give me the manuals? He said he would identify the equipment.
I have photographs (taken by me) of the hill and the spot where the officer was hiding. Also with views from the hiding spot.
The only things I can think of to build my case is this:
It was a hill and a curve, so at no point were we on the same vector for lidar.
There were two cars pulled over, both grey, so how could he have been able to identify which car was speeding.
Additionally, we were passing a truck, three vehicles bunched together.
The distance from the crest of the hill to the hiding spot is maybe 150-200m, I've still yet to measure.
Not sure what else I can do, I'm not interested in a reduction, nothing short of an acquittal, stay, or not-guilty verdict will do.
We had a GPS in the car that also measures speed, which was pointed at my wife in the passenger seat, and she can confirm that we never sped at any point, will an affidavit suffice?
Is he required to give me the manuals? He said he would identify the equipment. --The officers notes should identify what was used. And the only thing required is that you have access to the manuals, not manuals of your own. I have photographs (taken by me) of the hill and the spot where the officer was hiding. Also with views from the hiding spot. The only things I can think of to build my case is this: It was a hill and a curve, so at no point were we on the same vector for lidar. There were two cars pulled over, both grey, so how could he have been able to identify which car was speeding. --The officer would have to prove his reading was obtained from your car Additionally, we were passing a truck, three vehicles bunched together. The distance from the crest of the hill to the hiding spot is maybe 150-200m, I've still yet to measure. --Not a huge factor but it could cloud the officers "tracking history"... That will be in the manual Not sure what else I can do, I'm not interested in a reduction, nothing short of an acquittal, stay, or not-guilty verdict will do. We had a GPS in the car that also measures speed, which was pointed at my wife in the passenger seat, and she can confirm that we never sped at any point, will an affidavit suffice? --Wife = Witness but not a good one. The court views her as wanting to help her husband....
Is he required to give me the manuals? He said he would identify the equipment.
--The officers notes should identify what was used. And the only thing required is that you have access to the manuals, not manuals of your own.
I have photographs (taken by me) of the hill and the spot where the officer was hiding. Also with views from the hiding spot.
The only things I can think of to build my case is this:
It was a hill and a curve, so at no point were we on the same vector for lidar.
There were two cars pulled over, both grey, so how could he have been able to identify which car was speeding.
--The officer would have to prove his reading was obtained from your car
Additionally, we were passing a truck, three vehicles bunched together.
The distance from the crest of the hill to the hiding spot is maybe 150-200m, I've still yet to measure.
--Not a huge factor but it could cloud the officers "tracking history"... That will be in the manual
Not sure what else I can do, I'm not interested in a reduction, nothing short of an acquittal, stay, or not-guilty verdict will do.
We had a GPS in the car that also measures speed, which was pointed at my wife in the passenger seat, and she can confirm that we never sped at any point, will an affidavit suffice?
--Wife = Witness but not a good one. The court views her as wanting to help her husband....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
So I've received my disclosure (not surprisingly a week before my court date). Notes typed: 1015 hrs. Test genesis 09-300 1120 hrs. Two vehicles north bound Hwy 15. Leo Lake Rd N, entering passing lane at Burnt Hills Rd. Front antenna, approach mode. 124 lead vehicle, 124 locked, 123, 124. Passing slower van. Next vehicle, two lengths off him was silver infinity. First black lexus. Infinity on its tail, no gain or losing ground. Black lexus moves to lane 2 in front of blue van. Slows to approximately 116, grey infinity matches speed falls in behind. Stopped both vehicles. Lexus (omitted other driver details, surprised they gave them to me) Advised that the infinity had been behind him for some while, using him as a rabbit. Infinity (my driver details) Warned expired insurance card 2007, change address on plates. Stated he had cruise on at 100, that he was going to cottage and baby was fussy. 1740 hrs. Retest Genesis 09-300
So I've received my disclosure (not surprisingly a week before my court date). Notes typed:
1015 hrs. Test genesis 09-300
1120 hrs.
Two vehicles north bound Hwy 15. Leo Lake Rd N, entering passing lane at Burnt Hills Rd.
Front antenna, approach mode.
124 lead vehicle, 124 locked, 123, 124.
Passing slower van.
Next vehicle, two lengths off him was silver infinity.
First black lexus.
Infinity on its tail, no gain or losing ground.
Black lexus moves to lane 2 in front of blue van.
Slows to approximately 116, grey infinity matches speed falls in behind.
Stopped both vehicles.
Lexus
(omitted other driver details, surprised they gave them to me)
Advised that the infinity had been behind him for some while, using him as a rabbit.
Infinity
(my driver details)
Warned expired insurance card 2007, change address on plates.
Stated he had cruise on at 100, that he was going to cottage and baby was fussy.
The officer was thourough and this would be tough to beat heads up. A plea bargin could be in your future. The bold text tells me that the officer had a speed reference and witnessed everything.
124 lead vehicle, 124 locked, 123, 124.
Passing slower van.
Next vehicle, two lengths off him was silver infinity.
First black lexus.
Infinity on its tail, no gain or losing ground.
The officer was thourough and this would be tough to beat heads up. A plea bargin could be in your future.
The bold text tells me that the officer had a speed reference and witnessed everything.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
As part of tracking history for this radar set (i assume it is genesis directional) correlation between officer's speedometer and radar reading must be present. I don't see it in your disclosure. That may be your way out.
As part of tracking history for this radar set (i assume it is genesis directional) correlation between officer's speedometer and radar reading must be present. I don't see it in your disclosure. That may be your way out.
So it doesn't matter that he didn't use his radar to measure my speed? Or that he doesn't have a device to measure the distance between the other vehicle and mine?
So it doesn't matter that he didn't use his radar to measure my speed?
Or that he doesn't have a device to measure the distance between the other vehicle and mine?
If you wish to beat this you'll have to look at a different angle.
untilproven wrote:
So it doesn't matter that he didn't use his radar to measure my speed? ---He had a reference and with what he has written down, I would find you guilty in court.
Or that he doesn't have a device to measure the distance between the other vehicle and mine? --Irrelevent
If you wish to beat this you'll have to look at a different angle.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
the officer's evidence says he has the speed of the vehicle ahead of you. he then states that your speed matched his. He bases this on describing you "pacing" him, following at a set distance without changing. Pacing is a well acceptted method of determining speed, whether following you or watching you follow someone. Plea
the officer's evidence says he has the speed of the vehicle ahead of you. he then states that your speed matched his. He bases this on describing you "pacing" him, following at a set distance without changing. Pacing is a well acceptted method of determining speed, whether following you or watching you follow someone. Plea
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
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Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
