Radar used by officer driving in front

5bs
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Radar used by officer driving in front

by: 5bs on
Sun Aug 30, 2015 11:28 pm

Hello,

Just back from a trip down the 401. Hubby met a fine OPP officer who gave him a ticket for 146 km/hr in a posted 100 km/hr zone. The fine seems right, set $276, payable $341. Officer was travelling in front of hubby's car, and hubby asked how he was able to determine his speed as he does not think he was going that fast. Officer indicated that the police car is equipped with "antenna in the front and back". That answer does not make a lot of sense to me, so I am here to ask, can officers use radar on cars travelling behind them? How else may speed be determined from in front of the ticketed driver?

The officer slowed down and moved over for hubby to pass and then proceeded to pull him over.

I am interested in your thoughts, and understand that what is written in disclosure matters the most. Unfortunately to take this to trial means a drive of a few hours.

Thank you for the assistance


ynotp
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by: ynotp on
Mon Aug 31, 2015 9:16 am

They can use radar from the front or back. He can also pace you using his speedometer.

If your mailing address/principal residence is that far away and want a deal you can usually get an appointment with the prosecutor over the phone and they'll usually offer you a reduced charge and fine.

Otherwise you can leave this in the hands of a local paralegal who can handle the whole thing for you without you needing to travel.


jsherk
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by: jsherk on
Mon Aug 31, 2015 12:08 pm

I recommend you choose NOT GUILTY option for Trial with Officer present. Once you get notice of trial you can then request disclosure.

You do not necessarily need to go to the trial. After you receive disclosure, you can decide to (i) just pay it, or (ii) not show up for the trial (and most likely be found guilty), or (iii) hire paralegal to represent you.

So it is still in your best interest to get disclosure before you decide to just plead guilty and pay it.

And yes police can have two different antennas, one on the back and one on the front and they can be used while driving or standing still.
+++ This is not legal advice, only my opinion +++


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by: Radar Identified on
Tue Sep 01, 2015 12:22 am

jsherk wrote:And yes police can have two different antennas, one on the back and one on the front and they can be used while driving or standing still.
Also sometimes referred to as "forward and rearward-looking radar."
5bs wrote:Officer indicated that the police car is equipped with "antenna in the front and back".
You might see a disc-shaped object sitting in the front and rear window of the police vehicle. That's the radar.

You are correct in saying that the officer's notes are the most important piece of disclosure evidence. The only other thing you'd probably get are relevant parts of the radar manual. In some cases, they'll disclose video/audio evidence, but that's only if they really want to use it at trial (which, for speeding cases, they usually don't).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


ynotp
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by: ynotp on
Tue Sep 01, 2015 12:35 pm

Radar Identified wrote: In some cases, they'll disclose video/audio evidence, but that's only if they really want to use it at trial (which, for speeding cases, they usually don't).
I was under the presumption that they must provide it if you specifically request it and it exists?


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by: Radar Identified on
Tue Sep 01, 2015 11:47 pm

ynotp wrote:I was under the presumption that they must provide it if you specifically request it and it exists?
They should provide it as you describe, at least from a fairness/common sense perspective. Having said that, there's a number of conflicting cases out there right now... sigh...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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