Was stopped in an OPP speed trap on eastbound QEW near Hamilton at 1:30 AM last week (Apr 25th). Officer said I was doing 131 km/h based on radar gun but I thought I was around 120 km/h (I let off the gas and looked at my speedo when I saw the 2 cars on the shoulder). It was a dark stretch and it was not busy but there were a few other cars on the highway. I asked to see the reading but they said they did'nt have to show me, didn't want to, and it was not safe to do so. Planning to take to court/plead down so are there any considerations with regards to radar gun accuracy at night? Anything else to think about? I had my GPS on and copied the .gpx file to my PC but haven't been able to open it as yet. Not sure what data is included in the Garmin Nuvi 750 trip log (eg. speed data) but not counting on it. I have a US car with KM on the inside of the speedo so I am always looking down at the speedo to monitor my speed which is why I thought I was doing ~120km/h. I know this does not make much difference as it's the officer's word against mine but Caledon OPP stopped my a few years back and claimed I was doing 90 in a 60 zone but I was doing around 65. When my wife who was a passenger piped in about our speed he backed off and just told us to slow down. Not sure why he thought we were doing 90 but I don't think he was even using radar. Any difference between Pointts or XCopper for this type of infraction?
Was stopped in an OPP speed trap on eastbound QEW near Hamilton at 1:30 AM last week (Apr 25th). Officer said I was doing 131 km/h based on radar gun but I thought I was around 120 km/h (I let off the gas and looked at my speedo when I saw the 2 cars on the shoulder). It was a dark stretch and it was not busy but there were a few other cars on the highway. I asked to see the reading but they said they did'nt have to show me, didn't want to, and it was not safe to do so.
Planning to take to court/plead down so are there any considerations with regards to radar gun accuracy at night? Anything else to think about? I had my GPS on and copied the .gpx file to my PC but haven't been able to open it as yet. Not sure what data is included in the Garmin Nuvi 750 trip log (eg. speed data) but not counting on it. I have a US car with KM on the inside of the speedo so I am always looking down at the speedo to monitor my speed which is why I thought I was doing ~120km/h. I know this does not make much difference as it's the officer's word against mine but Caledon OPP stopped my a few years back and claimed I was doing 90 in a 60 zone but I was doing around 65. When my wife who was a passenger piped in about our speed he backed off and just told us to slow down. Not sure why he thought we were doing 90 but I don't think he was even using radar.
Any difference between Pointts or XCopper for this type of infraction?
they don't need to show you their reading at roadside; your GPS data can't be used in court you will have to request disclosure to discover what type of speed measuring device they used and a copy of it's manual, to understand how it was operated you don't need paralegal services to fight this minor ticket, use the guides at the site
they don't need to show you their reading at roadside; your GPS data can't be used in court
you will have to request disclosure to discover what type of speed measuring device they used and a copy of it's manual, to understand how it was operated
you don't need paralegal services to fight this minor ticket, use the guides at the site
They may have obtained your speed prior to you noticing them and looking at your speedo. In terms of radar accuracy, the device itself is still 100% accurate at night, but it does offer a possible defence of arguing it's harder to identify vehicles in the dark. And as IFly said, you have to determine what device they were using. Were the officers seated in their cars or standing at the side of the road? If they were in their cars, likely they were using radar. If they were standing there with a tripod, likely laser. And FYI, don't argue in Court you were only doing 120. If you admit you were speeding, the Courts will almost always side with the officer's measured speed. Just question them on their evidence.
They may have obtained your speed prior to you noticing them and looking at your speedo. In terms of radar accuracy, the device itself is still 100% accurate at night, but it does offer a possible defence of arguing it's harder to identify vehicles in the dark. And as IFly said, you have to determine what device they were using. Were the officers seated in their cars or standing at the side of the road? If they were in their cars, likely they were using radar. If they were standing there with a tripod, likely laser.
And FYI, don't argue in Court you were only doing 120. If you admit you were speeding, the Courts will almost always side with the officer's measured speed. Just question them on their evidence.
Thanks! There were 2 cruisers and the officers were in their cars. I plan to go to the Hamilton court tomorrow to file and there are 3 options on the back of the ticket: 1. Option 2: Early resolution - Meet with Prosecutor (is this pleading guily or not guilty when selecting this option?) 2. Option 3: Trial Option (this option indicates intent to plead Not Guilty) I would be looking at Option 3?
Thanks! There were 2 cruisers and the officers were in their cars.
I plan to go to the Hamilton court tomorrow to file and there are 3 options on the back of the ticket:
1. Option 2: Early resolution - Meet with Prosecutor (is this pleading guily or not guilty when selecting this option?)
2. Option 3: Trial Option (this option indicates intent to plead Not Guilty)
That particular option 2 is something new that's being offered in certain jurisdictions. My understanding is that you can still plead not guilty, but you simply have the option to meet with the Crown first. You'll most certainly get a plea deal offer to a reduced speed, so if that's what you want I'd suggest booking the first attendance meeting.
That particular option 2 is something new that's being offered in certain jurisdictions. My understanding is that you can still plead not guilty, but you simply have the option to meet with the Crown first. You'll most certainly get a plea deal offer to a reduced speed, so if that's what you want I'd suggest booking the first attendance meeting.
So I requested disclosure and received only part of my request. I have the Officer's notes (not typed so hard to read although I requested a typed copy), a 6-speed Speed Laser users guide document pg. 16/19/20/21/22, and 2 notes from the Officer operating the radar. Hard to tell from the partial info if everything is in line or not with the radar tracking and device operation. I have sent a request for the remaining omitted documents as they did not indicate why it was omitted. Does the Officer operating the radar appear in court also (if different from the Officer who issued the ticket)?
So I requested disclosure and received only part of my request. I have the Officer's notes (not typed so hard to read although I requested a typed copy), a 6-speed Speed Laser users guide document pg. 16/19/20/21/22, and 2 notes from the Officer operating the radar.
Hard to tell from the partial info if everything is in line or not with the radar tracking and device operation.
I have sent a request for the remaining omitted documents as they did not indicate why it was omitted.
Does the Officer operating the radar appear in court also (if different from the Officer who issued the ticket)?
Both officers must attend to provide their statements, the officer who obtained the reading on the radar unit and the officer who issued the ticket. Dwell on if they lost sight of your vehicle from time of radar reading to time the second officer pulled you over. Being as it was very dark you may have some credence as to identifying the correct vehicle.
Both officers must attend to provide their statements, the officer who obtained the reading on the radar unit and the officer who issued the ticket. Dwell on if they lost sight of your vehicle from time of radar reading to time the second officer pulled you over. Being as it was very dark you may have some credence as to identifying the correct vehicle.
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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?
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