136 on 401 - disclosure received - looking for advice
Speed Laser - Laser Atlanta I have the serial number and that it was self tested before and after and that it passed
1) Based on what I have read, I will ask for the manual. Is there anything else to ask for?
Scene - visibility was good, clear, dawn, dry, paved, medium traffic, sunny 16 degrees, 100 km posted
All true
Offence - he was stationary on the right shoulder, I was in L1; length was 3 seconds, 136/137/136; locked on 136 @ 309.78 m, lone target - only vehicle in L1
Discrepancies - I was not the only car but the first of 3. I had someone tailgating so I moved over to middle lane but then was the only one pulled over.
2) Does it come down to my word against his?
Driver - aware of limit - yes; aware of speed - crossed out; reason - none; shown radar - yes - comments - never lost sight
Discrepancies - He did not confirm I was aware of limit; He did not show me the radar and there is an error in the number of occupants
3) Are any of these discrepancies useful in my defence?
Location - it also states where I was clocked and then stopped
4) Should I verify the distance is consistent with what he listed?
5) Since this happened an hour away from where I live - If I should get a paralegal, should it be in that city or where I live?
Thanks in advance,
Lidar is target specific, meaning only one target, one reading at a time, however is pinpoint accurate. The lidar beam is 90cm (3ft) wide at the distance given.fastmomma wrote: Discrepancies - I was not the only car but the first of 3. I had someone tailgating so I moved over to middle lane but then was the only one pulled over.
There is no requirement to show drivers the reading or even "lock" the reading into the display. It is unsafe for persons to be outside their vehicle on a highway. Soon as someone sees the digital reading, their next response would be "that wasn't me" etc...He did not show me the radar
The lidar tells/shows the officer what distance the vehicle was targeted at.4) Should I verify the distance is consistent with what he listed?
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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If the officer is required to do one prior to the shift the he should have a note about it too. At 300 meters a small alignment issue makes a big difference.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Speeding ticket trials are won on legal technicalities properly presented to the court. If you do not know the legal technicalities, or how to properly present them to the court you need someone who does.
If you represent yourself your chance of winning against the police officer and the prosecutor is very low.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
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