136 on 401 - disclosure received - looking for advice

fastmomma
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136 on 401 - disclosure received - looking for advice

by: fastmomma on
Sat Jun 19, 2010 1:17 am

Here is a summary of my ticket and the disclosure information I received. Any input would be appreciated.

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,


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hwybear
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by: hwybear on
Sat Jun 19, 2010 5:59 am

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.
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.
He did not show me the radar
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...
4) Should I verify the distance is consistent with what he listed?
The lidar tells/shows the officer what distance the vehicle was targeted at.
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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by: Simon Borys on
Sat Jun 19, 2010 8:19 am

Minor discrepancies like number of occupants or whether you were asked if you were aware of the speed limit are not really relevant to your defence, since they are not facts in issue to the charge of speeding. You could poke at them during your cross examination but the officer will likely give evidence consistent with what was in his notes and there's no advantage for you to go after these issues hard, because, as I said, they're not elements of the offence. At best you might get the officer to admit that he made a mistake, with say the number of occupants in the vehicle, but that doesn't mean he has been discredited and the JP will not accept the rest of his evidence. Also, the JP will not appreciate it if you waste time questioning the officer about things that are not directly related to the offence.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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by: Reflections on
Mon Jun 21, 2010 10:45 am

Does it say anything in the notes about an alignment check?

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


fastmomma
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by: fastmomma on
Sat Sep 11, 2010 8:53 pm

Will the JP be annoyed if I ask for the manual in court? I did not ask for it specifically and court date is next week.


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by: OTTLegal on
Sun Sep 12, 2010 11:42 pm

The disclosure doesn't specify that the radar was tested before and after setup to the manufactures specifications, including the testing times.

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


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