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136 in 100 zone (401) was only going 120.
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PostPosted: Tue Jun 15, 2010 3:43 am 
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Location: Markham
Hi everyone,

While driving back to the GTA from a trip to Montreal to see family, I was pulled over while in the left lane of a 2 lane stretch of the 401, passing trucks that were doing 90, and constantly being cut off by said trucks and being stuck behind them. I was only doing approx. 120km, probably less when I was in view of the officer, as I just came over a hill, and had started slowing down as I had passed all the trucks.

I've been doing some research on ways to fight this, and have a few questions.

First off, I am preparing my disclosure which I want to send out ASAP. I've read that they require at least 9 weeks to provide the information from the time requested until the court date. That being said, I received my notice of trial less than that amount of time before my court date. Curious if this will affect the case in anyway, or my 'right' to even receive the information. I should also mention the court date is a month away.

I'm also curious as to what I should request in my disclosure. As it stands now I will be asking for the officers notes, radar manual, photo/video evidence, radar testing time on day in question, and am unsure of what else to include, or how to word each specific request. Can I, or should I request a copy of my driving record, as I've been told it can be used to make a decision on the verdict.

I should also mention, at the time I was pulled over, the OPP vehicle was in the median between both directions of travel, facing the opposite direction. Curious as to how this may affect the reading, or the case in any regard.

Also, my mother who was in the car with me, knows I was not doing the speed claimed by the officer. I cannot bring her as a witness, as I will be passing through the town for court on my way to work in the Maritimes for a couple weeks after the date. Would it be benifical to have a signed letter from her stating her account, or would that just be ignored/not allowed?

Besides a ticket for 10km over I received 2 weeks after I got my G2, which was over 6 years ago (and was a bogus ticket, as people going faster than me did not get pulled over, and I was told it was a 'blitz' going after student drivers.) my driving record is spotless.

Any guidance or advice is greatly appreciated. I will be fighting this on my own, since I already dealt with a paralegal service who told me to NOT check the box to challenge the officers evidence, and continued to harass me with daily phone calls/voice-mails after I told them I would think about it.

Thanks in advance for any comments


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PostPosted: Sat Jun 19, 2010 11:30 pm 
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Location: Toronto
Jones wrote:
I've read that they require at least 9 weeks to provide the information from the time requested until the court date. That being said, I received my notice of trial less than that amount of time before my court date. Curious if this will affect the case in anyway, or my 'right' to even receive the information. I should also mention the court date is a month away.


Send the disclosure request in ASAP. If you can't get the disclosure package in time to prepare a proper defence, you can ask for an adjournment on the day of your trial.

Jones wrote:
I'm also curious as to what I should request in my disclosure.


What you were planning to ask for covered all of the bases. Just tell them that you want a "full copy of the officer's notes, typed if not legible," the radar/lidar manual, etc. Plain English should suffice, although there is a sample form you can use here:

http://www.ticketcombat.com/step4/sampledisclosure.doc

I'd just eliminate the extraneous stuff, like "witness will-say statements," and replace them with what you do want, like "Copy of the radar manual used by the officer."

Jones wrote:
Can I, or should I request a copy of my driving record


Personally, I wouldn't bother with that.

Jones wrote:
I've been told it can be used to make a decision on the verdict.


It won't. Record won't sway the JP. It may (but likely won't) affect the sentence, but that's it.

Jones wrote:
I should also mention, at the time I was pulled over, the OPP vehicle was in the median between both directions of travel, facing the opposite direction. Curious as to how this may affect the reading, or the case in any regard.


Odot has forward and rearward-looking radar, to use a layman's term. Facing the other way, they can still pick you off.

Jones wrote:
Would it be benifical to have a signed letter from her stating her account, or would that just be ignored/not allowed?


You can try that, but I'm not sure how helpful it will be.

Jones wrote:
I already dealt with a paralegal service who told me to NOT check the box to challenge the officers evidence


:shock:

I guess the only advice I'd have is go ahead with the disclosure request and see what happens. Keep us posted.

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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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