Disclosure Decode!

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epcjay
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Posts: 16
Joined: Tue Jan 04, 2011 1:53 pm

Disclosure Decode!

by: epcjay on
Wed Nov 06, 2013 10:13 pm

Got my disclosure,

Need help decoding it.

Dry Sunny Lit in X XXX Westbound 12
Very High Speed
Third Lane
to 1st car tp set-pulling
away of speed
103km/h @ 141M
Pull of directly behind
T stops in gas station
Rec R/O ??
-White Acura EPCJAY
LTI UXI(?)18771 tested @ 1549
-in car line? (built in?)

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He told me on the side he tested it 22:49 as well at the end of the day on another sheet in his ticket book, dont know if thats valid

Is anyone able to tell me the model of this? I looked up LTI and it pulled 3-4 models. Not sure which one.
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epcjay
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Joined: Tue Jan 04, 2011 1:53 pm

by: epcjay on
Tue Jan 14, 2014 1:35 pm

Not sure if someone wants to chime in and see if I am under the grounds for an appeal, but I had my Trial today and one of my questions to the officer were "do you think or know if the laser unit gives false readings?" and he answered NO.

I tried to pin him on that fact that the manual clearly indicates there could be a false reading of variance of +/- 2kmh. On top of that, because he was on the side of the road, and not directly infront, the "Cosine effect" also alters the speed reading therefore the laser unit produced in-accurate or false readings and that my speed could have been incorrect

The JP decided that despite that, this is an absolute liability offence, and the speed that you were caught at doesn't matter since the officer observed you as being in a "high rate" of speed, in other words you were still speeding.

He also based his convection on case law 1997 Regina V McDonald BC. I looked it up, and it was a murder charge so I quite confused why he cited that. I'm going to order the transcript and understand this a bit more regarding this

Full conviction entered.

Any advice?
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Stanton
High Authority
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Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Tue Jan 14, 2014 2:08 pm

To the best of my knowledge all speed measuring devices have a possible variance of +/-2 km/hr. I don’t believe the Court has ever considered this to be an issue, since it’s supposed to be supported by the officer’s visual observations. I’d also argue a variance in the reading is quite different from an outright “false” reading, where the device is measuring phantom vehicle speeds or is just completely incorrect. I’ve also never heard of the cosine effect being an issue with stationary speed measuring devices, since the error is always in your favour. You might have been going faster then the sped you were charged, but the charge is still correct. It's no different then when the officer reduces your speed on the ticket. You may have been going 20 over, but you still can be convicted for 15 over.
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