Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 7 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

136km/h in a 100km/hr, possible win?
Author Message
PostPosted: Sat Oct 21, 2017 1:52 pm 
Offline
Newbie

Joined: Sat Oct 21, 2017 1:22 pm
Posts: 6
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date adjourned to Nov. 16. Now after going through my disclosure I immediately thought everything was done by the books and was quite let down until I stumbled upon something. In my disclosure I asked for the make, model, serial number and manual of the radar device used, as well as the officers training record to said specific unit.

What sparked my interest is the following. In the officer's notes, he states "0620: Lidar Instruction by PC _______ - Lazer Atlanta - Speed Lazer". HOWEVER, in his following notes he states "0650: Genesis II Mobile Radar"

Now, I'm unsure of what this means, but regardless he specified two completely different makes. Does this mean he was taught on the Lazer Atlanta but used the Genesis?? I don't want to contact the officer and ask to specify because I want to use the element of surprise during the trial.

Thanks in advance!!

P.S. I'm attaching pics of this page in his notes.

https://imgur.com/juPTxL4

Image


Top
 Profile  
 
Re: 136km/h in a 100km/hr, possible win?
PostPosted: Sat Oct 21, 2017 4:53 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 677
It appears that he simply tested two different speed measuring devices. One a laser and the other a moving radar.


Top
 Profile  
 
Re: 136km/h in a 100km/hr, possible win?
PostPosted: Sat Oct 21, 2017 4:54 pm 
Offline
Member

Joined: Tue Aug 16, 2016 10:09 am
Posts: 217
The officer may have had both devices in the car with him. He's likely been trained on both, but his training and certification can be raised during cross examination. You can certainly ask during the trial, if there is one, why he carried both devices

His notes may indicate which device he used. If not, he'll mention it at trial. Again, you may want to ask why he used that device and not the other one. Is he sure he used that one? How is he sure? What notation did he make? Did he use that one exclusively that day even though he had both with him?

Finally, later in his notes, does he show that he completed a test at the end of his shift? If not, you can ask him whether his notes show an end-of-shift test. If not, you'll win. If so, you can raise the issue that the page was not disclosed and, therefore, the officer cannot use any information on it as evidence. I could be wrong on this one (and people are free to chime in), but lack of disclosure of the end-of-shift test, even if the officer claims to have done it, could also result in a win.


Top
 Profile  
 
Re: 136km/h in a 100km/hr, possible win?
PostPosted: Sat Oct 21, 2017 4:58 pm 
Offline
Newbie

Joined: Sat Oct 21, 2017 1:22 pm
Posts: 6
Decatur wrote:
It appears that he simply tested two different speed measuring devices. One a laser and the other a moving radar.



Sorry I didn't specify that the blacked out name isn't his name. So it wouldn't be him testing this device.


Top
 Profile  
 
Re: 136km/h in a 100km/hr, possible win?
PostPosted: Sat Oct 21, 2017 5:11 pm 
Offline
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 797
It's not uncommon to carry both devices. One is vehicle mounted and used while driving. The other is handheld and therefore used when parked.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: 136km/h in a 100km/hr, possible win?
PostPosted: Sat Oct 21, 2017 7:48 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 677
The blacked out name may be the radar/Lidar instructors name who qualified him. Thes are the officers notes rpthat are made to refresh his/her memory. It’s not an all inclusive diary. You’ll probably have to get the officer on the stand to clarify these points. If there’s no indication of an end of shift test, you may be in a better position for a win. Certainly not guaranteed though. I’ve seen case law where the lack of an end test in the officers notes didn't matter.


Top
 Profile  
 
Re: 136km/h in a 100km/hr, possible win?
PostPosted: Sun Oct 22, 2017 8:34 am 
Offline
Jr. Member
User avatar

Joined: Fri Jan 08, 2016 1:47 pm
Posts: 68
argyll wrote:
It's not uncommon to carry both devices. One is vehicle mounted and used while driving. The other is handheld and therefore used when parked.


Very common actually to carry both lidar/radar especially if your job is traffic enforcement.

If you have the disclosure perhaps post it on here we may be able to assist you in deciphering it .


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. 136km/h in a 100km/h zone (401 near Cornwall)

martron

5

1536

Fri Jul 03, 2009 2:58 pm

Radar Identified View the latest post

There are no new unread posts for this topic. 136km in 100km zone, 401 W, Cornwall, Aircraft Enforcement

rellevart

4

3321

Fri Apr 01, 2011 9:02 pm

hwybear View the latest post

There are no new unread posts for this topic. WIN speeding 26 over

jsherk

9

1534

Wed Apr 27, 2016 8:41 pm

jsherk View the latest post

There are no new unread posts for this topic. WIN speeding 25 over

jsherk

7

698

Tue Jul 19, 2016 1:04 am

rank View the latest post

There are no new unread posts for this topic. Possible Logic Win?

OrangeRuf

9

177

Sat Nov 18, 2017 3:12 pm

Zatota View the latest post

There are no new unread posts for this topic. WIN Improper Muffler

jsherk

0

1035

Thu Oct 29, 2015 4:06 pm

jsherk View the latest post

There are no new unread posts for this topic. Radar units WIN over GPS

hwybear

4

1940

Sat Jan 10, 2009 8:54 am

Proper1 View the latest post

There are no new unread posts for this topic. Left Turn, 141(5), Planning a win.

ManlyMinute

5

3168

Wed Apr 07, 2010 1:59 am

racer View the latest post

There are no new unread posts for this topic. WIN on appeal - speeding 115 in a 100

jsherk

7

1216

Wed Apr 27, 2016 8:39 pm

jsherk View the latest post

There are no new unread posts for this topic. Stop Sign-First appearance- Error on ticket. Chance to win?

[ Go to pageGo to page: 1, 2 ]

pardo9679

15

1924

Sat Apr 25, 2009 12:09 pm

hwybear View the latest post

There are no new unread posts for this topic. 40km/h over in 100km/h

rfvgy

1

1197

Fri Jul 26, 2013 6:43 pm

rfvgy View the latest post

There are no new unread posts for this topic. 116KM/hr in 100KM/hr seriously?

nbzezinski

11

1011

Fri Aug 28, 2015 11:21 am

UnluckyDuck View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.