I recently had a court hearing. I managed to get the officer to explain the cosine effect and managed to prove how the cosine effect could have affected the radar reading. When making his ruling, the judge talked about his previous career as an engineer and how he thought that even with the cosine effect, the reading would be +/-1. Was the judge allowed by the law to use his previous career or did he overstep? If he overstepped, can I appeal his ruling based on this? Thanks!
I recently had a court hearing. I managed to get the officer to explain the cosine effect and managed to prove how the cosine effect could have affected the radar reading. When making his ruling, the judge talked about his previous career as an engineer and how he thought that even with the cosine effect, the reading would be +/-1.
Was the judge allowed by the law to use his previous career or did he overstep? If he overstepped, can I appeal his ruling based on this?
As long as the JP understands the Cosine Effect don't think there is a problem. You might want to get a transcript from the court to confirm what you heard, review and then decide. IF there is an error, then you can appeal. If your appeal is successful there will be another trial, and then it'll pretty much be a repeat trial and see if that JP understands the Cosine Error.......which is very simplistic and waste of time to bring up *********************************************** Radar measures the relative speed of an target approaching (or receding) the radar. If a target is traveling directly (collision course) at the radar, the relative speed is actual target speed. If the target is not traveling directly toward (or away) the radar but slightly off to avoid a collision, the relative speed with respect to the radar is slightly lower than target speed, thus always a lower speed displayed, in favour of the target. The phenomenon is called the Cosine Effect because the measured speed is directly related to the cosine of the angle. Only time the cosine effect would show a higher reading than actual is in moving mode IF the radar antenna, was angled up at an extreme angle. This would actually give a lower patrol speed than indicated, and take that difference and add it onto the target vehicles speed. Hence, that is why when operating moving radar a mandatory requirement is to compare the patrol vehicle speedometer to the displayed patrol speed to ensure it is accurate, thus giving a true patrol speed, and this cosine effect is not possible. ************************* I tried to find a link for "reasons for appeal" or such, but unable to, sorry. Possible one of the other co-habits on here might have one. Good luck!
As long as the JP understands the Cosine Effect don't think there is a problem. You might want to get a transcript from the court to confirm what you heard, review and then decide. IF there is an error, then you can appeal.
If your appeal is successful there will be another trial, and then it'll pretty much be a repeat trial and see if that JP understands the Cosine Error.......which is very simplistic and waste of time to bring up
***********************************************
Radar measures the relative speed of an target approaching (or receding) the radar. If a target is traveling directly (collision course) at the radar, the relative speed is actual target speed. If the target is not traveling directly toward (or away) the radar but slightly off to avoid a collision, the relative speed with respect to the radar is slightly lower than target speed, thus always a lower speed displayed, in favour of the target. The phenomenon is called the Cosine Effect because the measured speed is directly related to the cosine of the angle.
Only time the cosine effect would show a higher reading than actual is in moving mode IF the radar antenna, was angled up at an extreme angle. This would actually give a lower patrol speed than indicated, and take that difference and add it onto the target vehicles speed. Hence, that is why when operating moving radar a mandatory requirement is to compare the patrol vehicle speedometer to the displayed patrol speed to ensure it is accurate, thus giving a true patrol speed, and this cosine effect is not possible.
*************************
I tried to find a link for "reasons for appeal" or such, but unable to, sorry. Possible one of the other co-habits on here might have one.
Good luck!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I don't know the whole story here. But unless there was what "Bear explained present in your situation then you'll have no legal leg to stand on. Besides, the cosine effect, for the most part, works for you not against. I doubt that your appeal will succeed. Can you explain the incident a little further???
I don't know the whole story here. But unless there was what "Bear explained present in your situation then you'll have no legal leg to stand on. Besides, the cosine effect, for the most part, works for you not against. I doubt that your appeal will succeed.
Can you explain the incident a little further???
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I think this type of defense is used to dispute the speed listed on the ticket. You are challenging the listed speed alone, not trying to establish the "true" speed. You are arguing that the Crown must prove the actual speed is what is written on the ticket, PERIOD. Not sure if it will work... Lots of info here: http://www.radardetector.net/forums/how ... ur-ticket/
I think this type of defense is used to dispute the speed listed on the ticket. You are challenging the listed speed alone, not trying to establish the "true" speed.
You are arguing that the Crown must prove the actual speed is what is written on the ticket, PERIOD.
Huge thanks to everyone! Thanks for the link Bookm. For anyone who would like more details, this is what happened. The cop explained the Cosine Effect by saying that depending on the angle, the radar may show a faster reading or a slower reading than the real speed. He added that he thinks that the Cosine Effect did not apply in my case. He had said earlier that he was in the right lane and I was in the left lane when he took my reading. He said that his radar was on the left side of his vehicle and that he was 200 feet behind me when he took the reading. He said that based on that position, we were virtually on a collision line. I argued that the cop is trying to play with words by inventing a virtual collision line. In the end, when the judge was ruling, he said that the defendant brought up a defense based on the Cosine Effect. Then the judge said that he used to be an engineer and that from his engineering background, he knew that the Cosine Effect would have added a +/-1 error. After he found me guilty. I put up my hand. I asked that the record note that the judge used his prior experience as an engineer instead of simply relying on the evidence. The judge seemed taken aback and said that "Well, even if I did not use my background as an engineer, I would still have found you guilty. But the record is the record." His reaction made me feel that the law may not be on his side. My proceedings were on Friday afternoon. So, I wanted to get some feedback before I contact a lawyer this coming week. Thanks a lot everyone for all the responses!
Huge thanks to everyone! Thanks for the link Bookm. For anyone who would like more details, this is what happened. The cop explained the Cosine Effect by saying that depending on the angle, the radar may show a faster reading or a slower reading than the real speed. He added that he thinks that the Cosine Effect did not apply in my case. He had said earlier that he was in the right lane and I was in the left lane when he took my reading. He said that his radar was on the left side of his vehicle and that he was 200 feet behind me when he took the reading. He said that based on that position, we were virtually on a collision line. I argued that the cop is trying to play with words by inventing a virtual collision line. In the end, when the judge was ruling, he said that the defendant brought up a defense based on the Cosine Effect. Then the judge said that he used to be an engineer and that from his engineering background, he knew that the Cosine Effect would have added a +/-1 error. After he found me guilty. I put up my hand. I asked that the record note that the judge used his prior experience as an engineer instead of simply relying on the evidence. The judge seemed taken aback and said that "Well, even if I did not use my background as an engineer, I would still have found you guilty. But the record is the record." His reaction made me feel that the law may not be on his side. My proceedings were on Friday afternoon. So, I wanted to get some feedback before I contact a lawyer this coming week.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…