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  [ 12 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

149km/h on 401 WB Disclosure Notes
Author Message
PostPosted: Fri Sep 25, 2009 4:31 pm 
Offline
Newbie

Joined: Fri Sep 25, 2009 3:42 pm
Posts: 4
Location: Toronto
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..


Top
 Profile  
 
PostPosted: Fri Sep 25, 2009 6:29 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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.


Top
 Profile  
 
PostPosted: Sat Sep 26, 2009 2:43 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
PostPosted: Sat Sep 26, 2009 9:33 pm 
Offline
Member

Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
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.


Top
 Profile  
 
Re: Reply
PostPosted: Tue Sep 29, 2009 3:22 pm 
Offline
Newbie

Joined: Fri Sep 25, 2009 3:42 pm
Posts: 4
Location: Toronto
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.


Top
 Profile  
 
Re: Reply
PostPosted: Tue Sep 29, 2009 6:17 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
PostPosted: Tue Sep 29, 2009 6:40 pm 
Offline
Sr. Member

Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
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


Top
 Profile  
 
PostPosted: Tue Sep 29, 2009 7:43 pm 
Offline
Member

Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
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


Top
 Profile  
 
Re: Reply
PostPosted: Wed Sep 30, 2009 1:57 pm 
Offline
Newbie

Joined: Fri Sep 25, 2009 3:42 pm
Posts: 4
Location: Toronto
If two cops were involved at the time of the conviction, they both have to show up to court or is one cop sufficient?

Thank a lot again.


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 3:50 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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.


Top
 Profile  
 
Re: 2ND disclosure Request
PostPosted: Fri Oct 09, 2009 11:26 am 
Offline
Newbie

Joined: Fri Sep 25, 2009 3:42 pm
Posts: 4
Location: Toronto
Wow these guys at the Whitby office are tough.

Well I sent the send disclosure request and received a letter that stated the following

Quote:
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?


Top
 Profile  
 
PostPosted: Fri Oct 09, 2009 3:41 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
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"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 12 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. 157km reduced to 149km on 401

vin1619

2

1023

Thu Jul 28, 2011 12:50 pm

Radar Identified View the latest post

There are no new unread posts for this topic. ticketed for 149km/h on 401 by PEEL POLICE

he123456

13

829

Mon Nov 14, 2016 12:35 am

Zatota View the latest post

There are no new unread posts for this topic. Disclosure Help - Officer's Notes

Draiter

0

858

Wed Nov 28, 2012 12:29 am

Draiter View the latest post

There are no new unread posts for this topic. disclosure notes from police/utterances - can they be used?

PaulinCanada

2

919

Tue Aug 17, 2010 9:54 am

Slyk View the latest post

There are no new unread posts for this topic. Attachment(s) received my disclosure notes; need help deciphering

tinlok

1

710

Thu Apr 07, 2011 12:41 pm

The Stig View the latest post

There are no new unread posts for this topic. Attachment(s) 20 over Disclosure Help - Anyone understand Cop notes?

ironhorse

1

680

Wed Aug 24, 2011 1:36 pm

Reflections View the latest post

There are no new unread posts for this topic. 112km in an 80.... Officer's Disclosure notes are incorrect.

guitarded88

2

792

Sat May 14, 2011 6:42 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Pushback on disclosure request for typed notes

Millstone

1

749

Thu Jul 24, 2014 11:07 pm

iFly55 View the latest post

There are no new unread posts for this topic. Speeding 5KM over but what if disclosure notes missing info?

ME AGAIN

1

545

Mon Dec 06, 2010 10:44 pm

ME AGAIN View the latest post

There are no new unread posts for this topic. 136 on 401 - disclosure received - looking for advice

fastmomma

5

1276

Sun Sep 12, 2010 11:42 pm

OTTLegal View the latest post

There are no new unread posts for this topic. Copy of officers notes versus original. Custody of notes

jsherk

6

437

Thu Oct 22, 2015 5:57 pm

jsherk View the latest post

There are no new unread posts for this topic. 149km/h in a 100km/h Zone

[ Go to pageGo to page: 1, 2 ]

murray732

21

4359

Sat Nov 28, 2009 8:52 am

Reflections View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


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:  
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.