Disclosure received. Looking for some help/advice.

RTRob72
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Disclosure received. Looking for some help/advice.

Unread post by RTRob72 on

Looking for some help, received my disclosure today (see below).

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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


RTRob72
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Unread post by RTRob72 on

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


epcjay
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Unread post by epcjay on

Any update on your Trial?


iFly55
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