I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things: 1- the notes are horribly illegible and difficult to read 2- I have notes from two different officers. Now I am not sure if this means that both the officers will be at court for the hearing or will it suffice to have only one officer appear. THe disclosure notes for the 2nd cop provides me the notes state the following: 1800hrs On Duty 1815 hrs Test Laser Atlanta Speedlaser #02-029L OK now the notes that were provided to me jump directly to the following: 2310hrs Obsa a Beige Pot Montana - L3 ???? laser 151 1100- 227m PC Camron stopp it I w pass blank blank blank It seems as if they have not provided me with the complete disclosure. I am not sure what to say. What do you guys think of this..
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or will it suffice to have only one officer appear.
THe disclosure notes for the 2nd cop provides me the notes state the following:
1800hrs On Duty
1815 hrs Test Laser Atlanta Speedlaser #02-029L OK
now the notes that were provided to me jump directly to the following:
2310hrs Obsa a Beige Pot Montana - L3 ????
laser 151 1100-
227m PC
Camron stopp it
I w pass
blank blank blank
It seems as if they have not provided me with the complete disclosure. I am not sure what to say. What do you guys think of this..
What I can decipher from this... (perhaps the officers on the forum can help clarify)... At 23:10 hours (11:10 PM local time), observed a beige Pontiac Montana in Lane 3, laser at a distance of 1100 to 227 metres recorded a speed reading of 151 km/h, Camron (possibly the name of the other officer) stopped it. And I don't know about the rest. If one officer took the reading and the other did the traffic stop, both will be required for court. As for disclosure, they must provide you with a copy of, or access to, the laser manual if the evidence from the device is going to be used "testimonially" in court.
What I can decipher from this... (perhaps the officers on the forum can help clarify)...
At 23:10 hours (11:10 PM local time), observed a beige Pontiac Montana in Lane 3, laser at a distance of 1100 to 227 metres recorded a speed reading of 151 km/h, Camron (possibly the name of the other officer) stopped it.
And I don't know about the rest.
If one officer took the reading and the other did the traffic stop, both will be required for court. As for disclosure, they must provide you with a copy of, or access to, the laser manual if the evidence from the device is going to be used "testimonially" in court.
that is what I would guess.....and/or 2 readings of 151km/hr (one at 1100m and the 2nd at 227m)
Radar Identified wrote:
At 23:10 hours (11:10 PM local time), observed a beige Pontiac Montana in Lane 3, laser at a distance of 1100 to 227 metres recorded a speed reading of 151 km/h, Camron (possibly the name of the other officer) stopped it..
that is what I would guess.....and/or 2 readings of 151km/hr (one at 1100m and the 2nd at 227m)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Is there note for testing the laser after the infraction or at the end of the shift? If not, then you can use it to question the reliability of the laser reading.
Is there note for testing the laser after the infraction or at the end of the shift? If not, then you can use it to question the reliability of the laser reading.
According to the notes provided the laser was testes at 1815hrs. I was not given any notes between 1815hrs and the time of the infraction. Additionally no mention of the test after the infraction. Now is it possible that they did not provide me with the full disclosure because I have no info abour the hours prior to the infraction and after the 1815hrs? The disclosures provided were very chopped up, as if they are covering their notes and photocopying the portions that relate to my specific event. This way I have no odea whether they had snagged someone between the hours not mentioned that will necessitate another test for my capture.
According to the notes provided the laser was testes at 1815hrs. I was not given any notes between 1815hrs and the time of the infraction. Additionally no mention of the test after the infraction. Now is it possible that they did not provide me with the full disclosure because I have no info abour the hours prior to the infraction and after the 1815hrs?
The disclosures provided were very chopped up, as if they are covering their notes and photocopying the portions that relate to my specific event. This way I have no odea whether they had snagged someone between the hours not mentioned that will necessitate another test for my capture.
that is what we do. We photo copy our notes and eliminate other investigations and incidents out. All there needs to be is a test PRIOR and AFTER the offence.
gotsnagged1st wrote:
The disclosures provided were very chopped up, as if they are covering their notes and photocopying the portions that relate to my specific event.
that is what we do. We photo copy our notes and eliminate other investigations and incidents out.
All there needs to be is a test PRIOR and AFTER the offence.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
You get notes related to your stop and your stop only...so you get the test at the start of shift( or when ever that was) and then note related to your stop...You do not get to access to what was going on in between or after.. I test At start of shift and at the end of shift. I do not test after each stop... Here that seems to be sufficient... OPS
You get notes related to your stop and your stop only...so you get the test at the start of shift( or when ever that was) and then note related to your stop...You do not get to access to what was going on in between or after..
I test At start of shift and at the end of shift. I do not test after each stop... Here that seems to be sufficient...
No training record and no manual disclosed to you is ground for a stay application based on isufficient disclosure (s.7 charter violation). No note of testing after is a point to bring up at trial to disregard the laser reading as it was not reliable at the time. So there is a winning chance but expect rough road ahead
No training record and no manual disclosed to you is ground for a stay application based on isufficient disclosure (s.7 charter violation).
No note of testing after is a point to bring up at trial to disregard the laser reading as it was not reliable at the time.
So there is a winning chance but expect rough road ahead
Both would have to be present. Send another disclosure request specifically asking for the manual. Indicate that access to it is required for you to make a full answer and defence. See how they respond. If they continue to stonewall or don't respond... sets up a stay motion for incomplete disclosure.
gotsnagged1st wrote:
If two cops were involved at the time of the conviction, they both have to show up to court or is one cop sufficient?
Both would have to be present.
Send another disclosure request specifically asking for the manual. Indicate that access to it is required for you to make a full answer and defence. See how they respond. If they continue to stonewall or don't respond... sets up a stay motion for incomplete disclosure.
Wow these guys at the Whitby office are tough. Well I sent the send disclosure request and received a letter that stated the following I am not sure whther to send a 3rd disclosure request citing the various cases for the specific information required or just wait till the court date to talk tot he Justice?
Wow these guys at the Whitby office are tough.
Well I sent the send disclosure request and received a letter that stated the following
In response to your letter of Sep. 29 2009, please be advised that on Sept. 24th 2009 our office provided all the relvant disclosure to you by regular mail. If you feel there is further disclosure that was not provided, you may make an application to the Trial Justice for production.
I am not sure whther to send a 3rd disclosure request citing the various cases for the specific information required or just wait till the court date to talk tot he Justice?
No, just argue stay due to incomplete disclosure. They are probably rubber-stamping all disclosure requests, and send out the same information to people.
No, just argue stay due to incomplete disclosure. They are probably rubber-stamping all disclosure requests, and send out the same information to people.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Here is my story.... On June 17, I was stopped on Hwy 17 in the Pembroke area for going 135km/h in a 90km/h zone. I know I was speeding to a certain degree but due to me being nervous when he clocked me, I didn't really check my speed.
So my story is that I was going at around the speed limit following two cars. When I had my first opportunity to pass (clear view, no cars, plenty of time to…
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck moved... i let off the gas and the truck stopped. he asked "is it all the way to the floor" and i…
So I got a ticket I plan on fighting i think. They ticket is $325 at the intersection of 9th line and 10th Side road Georgetown ON. I havent seen the picture yet but my parents told me in came in. The light had already been red fir 16.9 seconds before I went through!! Now Im thinking the Camera was not functioning properly because 16.9sec in that speed zone is TONS of time for stopping. Like, Im…
Was stoped by an officer going in the other direction allegedly I was going 92 in a 60 zone. Reduced the charge to 75 in a 60, which was nice. Also wrote me 110$ ticket for failing to sign the ownership in ink. Didn't make me sign it though, just gave it back to me (didn't care enough to solve the problem, just wrote the ticket).
The question is, I would pay the speeding ticket as it is now, but…
My friend tried to turn right in Warden and Hwy 7 after he stopped completely on red light. He has given a ticket because the left turn green signal is on when he turn right on red light. It doesn't matter there is no traffic and safe to do so. Is it true that driver cannot turn right on red light if the left turn signal is on???
Well I'll try to keep this short. My court date is tomorrow morning for driving while suspended and expired tag. I have paid the fine and got my licence back and renewed my plate since being pulled over. This all started over a speeding ticket. I made some payments and then got my licence suspended for not paying. I made arrangements to pay over a time period, and got my licence unsusp…
On the morning of January 26th I was speeding like crazy.. but I feel like im in the right. I was on mayfield rd going west and past highway 410 and the speed was 80km. I kept going and then past heart lake road (an intersection) after the traffic light is 60 (supposdly) and then a km later was the opp officer waiting for me. He told me I was going 95 in a 60 zone... any defence at…
I just had my day in court trying to defend my wife against a speeding ticket ... of course no luck in court (found guilty), but the Officer testified (under oath of course) that there were speed limit signs posted every 900m along that section of the road (four lanes plus center turn lane, municipal area, 50km/h zone, no community safety zone, etc). This fact was not in his notes, and I must…
I was coming home in the passenger seat with my wife driving.
My wife is a very good and careful driver with perfect record. As we were near home, there was a car parking at the corner under the stop sign. My wife stopped beside that vehicle and moved again. As we passed the stop sign we saw a police cruiser about 40 - 50 feet away from the corner, on the right, being blocked by the fence and…
Hi all...I'm hoping I can get some clarification on a couple of questions I haven't been able to research myself.
In September I got a ticket for going 79 in a 50 zone at a speed trap.
I still need to request disclosure as I was waiting for my notice of trial which came in December and I was busy with the holidays in December so I'm just getting to it now - I'll send it tomorrow and court date is…
My daughter was driving my van behind a pick up truck. They were approaching an intersection with traffic lights when the truck in front of her suddenly swerved into the left turn lane to avoid a stopped vehicle. My daughter attempted to switch lanes as well but tagged the rear of the stopped vehicle with the front right of my van. She was subsequently charged with 148 (5) and interestingly…
i am trying to find out if there is any central repository for collision locations within Hamilton Area...I am trying to argue a case for a poorly designed exit ramp from the 403, and although I have heard anecdotally that the exit is a trap for repeated accidents and collisions, I am not sure where to find actual accident records that would support this notion. I have tried emailing the Hamilton…
0115 at night coming home from work and I was pulled over for a head light out. I am 21 yrs old and the officer decided he should inspect my car in the dark with a small flashlight. He noticed a small crack in my windshield and then told me my tires were too worn. At this time he also wanted to inspect the interior of the car for drugs and alcohol, which I had NONE, as I would in a job were a…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Thanks for such a great site. Thanks to all the people that take time to respond and post follow ups they are very helpful. So here is the deal.... I had a court date set for yesterday in Woodstock Ontario-I live in tToronto. I did use this iste and had all my preparation ready. i went to court and got there early. I go there at 1 oclock for the 2 oclock docket. Shortly after 2 oclock I noticed…
Thought I'd post some info about fines and traffic laws in the state of Michigan. A lot of Ontarians drive through Michigan; cities like Windsor, Sarnia and Sault Ste. Marie have residents who cross-border commute into Michigan (I used to be one of them); and of course there is the cross-border shopping. Michigan has full traffic-ticket reciprocity with Ontario. If you are convicted of an…
I just had an experience where I had a cyclist ride off of the sidewalk in front of my car at a corner. I managed to stop, she went by me. She was looking backwards screaming at me and lost her balance, mostly due to the grocery bags on her handle bars. She fell in the other lane. I got out to see if she was okay. She had a scraped knee, but was fine. She said she was okay so I left. The police…
I'm new to the site and I though I'd share my experience in court and perhaps gain some advise on how to proceed.
I attended court for a 60 in a 40 zone, officer was parked on the side of the road and got me on a radar facing the rear window.
I mail in a disclosure request and it is ready a few weeks before my trial date. I was under the impression that the crown would mail me atleast a notice…
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I have a question. I was driving recently and was caught and charged under the distracted driving law as someone called me. It mentions I have 15 days to pay but I want to consider my options. I also read in the newspaper that the set fine of $155 will be going up March 18th.
Would this apply to me if I pay after March 18 or only to those caught after this date? Thanks a lot everyone for…
I have a question about Ontario/Quebec provincial jurisdiction. There is a previous similar post to jurisdiction within Ontario but I'm curious about cross-provincial jurisdiction.
I was recently pulled over by a Gatineau police constable in Ottawa. The City of Gatineau cruiser was parked on the Ontario side of the Ontario/Quebec border and was using License Plate Recognition cameras to search…
which I had not search.