Looking for some help, received my disclosure today (see below). In addition to the note, I received a copy of the testing pages of the Laser Atlanta 'Speed Atlanta' manual. I can understand the notes to the most part, Not sure what the reference to the rd, W, T means ? Any thoughts? I suspect rd = road , Weather = Overcast, and T = Traffic - Medium? The notes are not exactly accurate to the facts surrounding the 'pull over'. We were on a long flat stretch in the middle lane among traffic. The officer was located on the on the shoulder of the highway ahead of us, and I believe that vehicles had started to move from the slow lane into the middle to allow the Cruiser space. A semi moved into the middle lane ahead of us, and we moved over to the outside lane to pass. We had not overtaken the truck as we passed by the cruiser and when I noticed he was pulling out into traffic I moved ahead (passing) of the semi and another pickup truck. My wife and I both lost sight of the cruiser and he made his way up via the outside lane, pulled in behind us and flashed his lights. I am not sure if it is worth arguing that he lost sight? We lost sight of him, and I can't think that he maintained sight of us. My wife would confirm this if needed? I am not sure if that is even an avenue worth arguing? All I have is the testing procedure, not the proper use procedure? Should this be something I pursue further? Would there be any use (as indicated the officer is an instructor) in the line of questioning to ask the officer to describe the testing process to see if it is consistent with the manual? If not, would that be enough to raise doubt in the test and accuracy of that given day? I only ask this as the note about being an instructor would suggest he should know the manual inside and out? How often do the OPP require to re-certify on the LIDAR training? Also, a question re: service . The officer approached from the passenger side (and I understand why due to traffic safety). I dealt with the officer through the passenger window; however when he came back with the ticket my wife asked him a question and he dropped the ticket on her lap and walked away. Technically he served the ticket to my wife? I'm not sure if that is a point worth arguing either? Any other thoughts, suggestions would be appreciated ! My trial date is Sept. 12. Thanks RTR
Looking for some help, received my disclosure today (see below).
In addition to the note, I received a copy of the testing pages of the Laser Atlanta 'Speed Atlanta' manual.
I can understand the notes to the most part, Not sure what the reference to the rd, W, T means ? Any thoughts? I suspect rd = road , Weather = Overcast, and T = Traffic - Medium?
The notes are not exactly accurate to the facts surrounding the 'pull over'. We were on a long flat stretch in the middle lane among traffic. The officer was located on the on the shoulder of the highway ahead of us, and I believe that vehicles had started to move from the slow lane into the middle to allow the Cruiser space. A semi moved into the middle lane ahead of us, and we moved over to the outside lane to pass. We had not overtaken the truck as we passed by the cruiser and when I noticed he was pulling out into traffic I moved ahead (passing) of the semi and another pickup truck. My wife and I both lost sight of the cruiser and he made his way up via the outside lane, pulled in behind us and flashed his lights. I am not sure if it is worth arguing that he lost sight? We lost sight of him, and I can't think that he maintained sight of us. My wife would confirm this if needed? I am not sure if that is even an avenue worth arguing?
All I have is the testing procedure, not the proper use procedure? Should this be something I pursue further?
Would there be any use (as indicated the officer is an instructor) in the line of questioning to ask the officer to describe the testing process to see if it is consistent with the manual? If not, would that be enough to raise doubt in the test and accuracy of that given day? I only ask this as the note about being an instructor would suggest he should know the manual inside and out?
How often do the OPP require to re-certify on the LIDAR training?
Also, a question re: service . The officer approached from the passenger side (and I understand why due to traffic safety). I dealt with the officer through the passenger window; however when he came back with the ticket my wife asked him a question and he dropped the ticket on her lap and walked away. Technically he served the ticket to my wife? I'm not sure if that is a point worth arguing either?
Any other thoughts, suggestions would be appreciated ! My trial date is Sept. 12.
As a follow-up I was reading case law today on the Laser Atlantic (topic) I found R. v. Araujo [2008]. In the detailed notes of the cross examination the officer testifies that the OPP policy is to re-certify on LIDAR every 24 months. If that is the case, then from the notes on my disclosure - the Officer is past due on his re-certification on LIDAR. Is this enough to press for a dismissal? Thanks RTR
As a follow-up I was reading case law today on the Laser Atlantic (topic)
I found R. v. Araujo [2008]. In the detailed notes of the cross examination the officer testifies that the OPP policy is to re-certify on LIDAR every 24 months. If that is the case, then from the notes on my disclosure - the Officer is past due on his re-certification on LIDAR. Is this enough to press for a dismissal?
I got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for…
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What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…
