145KM/HR IN 100 POSTED HWY 401

I got a ticket for doing 145km/hr in a 100km/hr posted on hwy 401 East Region near Napanee at 11:15pm on Oct 24 2014.

I am fighting the ticket myself and just received the disclosure.

The officer used the Genesis II Select Directional Radar and in her notes she wrote:

"Radar - G2S25705"

"test before - 1100"

"test after - 0410"

Can anyone tell me what the two numbers for test before and test after mean?

I didn't find any errors on the ticket

Set fine is $270 and Total Payable is $335.

I have one prior back in Oct 2011. I was doing 65km/hr in a 50 zone. Nothing else.

Any info would be appreciated.

Thanks

smotwani wrote:

Can anyone tell me what the two numbers for test before and test after mean?

The time of day that the test was performed, i.e. 11:00 pm and 4:10 am.

Thanks for the reply hecubus.

It looks like she wrote it in military time so wouldn't that mean 11am and not pm?

Also I only just got the disclosure and I'm not able to read her handwriting. My court date is on Feb 11, which means there is less than one month left before my trial and when I sent the request for my disclosure I did specify that I wanted the officer's notes typed.

Is that enough to submit an application to stay my trial due to Improper Disclosure since I have less than a month left before my trial?

This is the time line:

Oct 24 - OFFENCE DATE

Oct 27 - Requested Trail

Dec 19 - Notice of Trial sent out

Dec 28 - Notice of Trial Received

Jan 8 - Disclosure Requested

Jan 15 - Disclosure Received

Feb 11 - Trial Date

I have attached the disclosure that they sent me. If someone can look at it and give me some feedback I would really appreciate it. Thanks

Last two pages of the disclosure attached.

I'd say something is wrong with the test times as recorded. No way the officer worked from 11:00 am to 4:00 am. I'm guessing she meant 11:00 pm as the test time since you were stopped shortly afterwards.

Stanton wrote:

I'm guessing she meant 11:00 pm as the test time since you were stopped shortly afterwards.

Exactly. I originally wrote a start time of 11:00 am and an end time of 4:00 pm, then double checked the original post and realized the traffic stop occurred at 11:15 pm. If the times were provided in "military time", i.e. 24-hour time, she should have written 23h00 and 04h00 (or 2300 and 0400) assuming a "midnight shift" or 11h00 and 16h00 (or 1100 and 1600) for a "afternoon shift".

So, to be honest, I don't know if anything can be made of the fact that the recording of the test times are confusing and could be interpreted as 11:00 am and 4:00 am the next day (which implies an interval of 17 hours between tests).

smotwani wrote:

I'm not able to read her handwriting

The notes are actually quite readable (compared to some of the scans other folks have provided of officers notes). The notes state:

Black Acura 2008

R.O. was driver

Radar - G2S25705

test before 1100

test after 0410

no issues male asked

if he was going to

fight the ticket

would he have to

come back to Napanee

0410

I do not know what "R.O. was driver" means.

hecubus wrote:

I do not know what "R.O. was driver" means.

Registered Owner.

smotwani wrote:

Also I only just got the disclosure and I'm not able to read her handwriting. My court date is on Feb 11, which means there is less than one month left before my trial and when I sent the request for my disclosure I did specify that I wanted the officer's notes typed.

If you are still having trouble reading the disclosure, simply make another request. It's pretty legible. In fact, it's probably one of the most legible set of notes i've seen and it's pretty short. They don't have to provide you specifically with typed notes, but they can go over any issues with you may have with them.

smotwani wrote:

Is that enough to submit an application to stay my trial due to Improper Disclosure since I have less than a month left before my trial?

You received your disclosure. If you need further clarification with the officers notes, make another request. They don't have to specifically provide you with typed notes on an original request. Sometimes they do it, sometimes they don't. The first problem you have there is you haven't even seen the notes and you're already telling them you can't read them. The second issue is they can go over the notes with you without having to type them up. The third issue is you received disclosure in 4-5 business days, which by the way is ridiculously fast. If you need clarification, there's still time to make a second request. They are going to ask you why you waited till your court date a month after you received disclosure to say you can't read the notes, especially when you received disclosure so promptly.

Thanks bend. You are right. I guess I don't have a strong case and i found out the incorrect radar test time in the officer's notes is amendable in court. My only hope now is if the officer doesn't show up to court which is very unlikely so I guess i'll have to take whatever deal the prosecutor gives me.

If the disclosure doesn't mention whether the officer performed a check of the laser unit at the end of the shift, can that be called into question at trial?

You did well blocking out your personal info but probably should have done your RIN number too. This will still identify who you are.

My trial is tomorrow and while reviewing my disclosure I realized the cop pulled me over at 11:15pm and in her notes stated that she did the radar test at 11pm. How is that possible? This means she completed the radar test at 11pm then got onto the highway, followed me for a bit, pulled me over, came over to my car, got my license, pulled my file, looked at the time and noted the time as 11:15 on the ticket? That whole scenario definitely took more than 15 minutes. Seems like she lied about the time she did the test. Any thoughts?

Entirely possible. Testing the radar only takes about a minute, including the road test.