Good morning, I got caught by approaching radar in the Bonchere area. Ticket is for 46 over. How do I plead "not guilty"? Can I mail it in with the option 3 box checked? How do I request "disclosure"? Is the officer required to bring in "calibration records" and certificates for the radar and the tuning fork (is this how they set it)? If asked at the trial does the officer need to produce their certification records and that of the person who certified them? I have a 2008 Accrua CSX and a Toyota truck was behind. Is the bigger target behind a defence? I don't believe I was doing 46 over?
Good morning,
I got caught by approaching radar in the Bonchere area.
Ticket is for 46 over.
How do I plead "not guilty"? Can I mail it in with the option 3 box checked?
How do I request "disclosure"?
Is the officer required to bring in "calibration records" and certificates for the radar and the tuning fork (is this how they set it)?
If asked at the trial does the officer need to produce their certification records and that of the person who certified them?
I have a 2008 Accrua CSX and a Toyota truck was behind. Is the bigger target behind a defence? I don't believe I was doing 46 over?
How do I plead "not guilty"? Can I mail it in with the option 3 box checked? ---mail it in with the option 3 box checked How do I request "disclosure"?---Check Here:http://www.ticketcombat.com Is the officer required to bring in "calibration records" and certificates for the radar and the tuning fork (is this how they set it)? ---no If asked at the trial does the officer need to produce their certification records and that of the person who certified them?---Not sure I have a 2008 Accrua CSX and a Toyota truck was behind. Is the bigger target behind a defence? ---You will have to prove that is how radar works, or get the officer to verify that point I don't believe I was doing 46 over?---Guilty until proven innocent in Traffic Court
How do I plead "not guilty"? Can I mail it in with the option 3 box checked?
Thanks to "reflections" for your reply. In disclosure is it reasonable to ask for: make, model, & serial # of the radar unit? frequency and serial # of the tuning fork? the calibration records for the radar unit? the tuning fork? the officers certification, training records, and test scores? the examiners certification? service history of radar unit and tuning fork? a manual for the radar device? calibration procedures? I deal with testing and supplying materials for the nuclear industry and all of our testing equipment we use can be identified and all these questions verified. If the police are able to use the results of equipment as evidence I feel my questions are valid.
Thanks to "reflections" for your reply.
In disclosure is it reasonable to ask for:
make, model, & serial # of the radar unit?
frequency and serial # of the tuning fork?
the calibration records for the radar unit?
the tuning fork?
the officers certification, training records, and test scores?
the examiners certification?
service history of radar unit and tuning fork?
a manual for the radar device?
calibration procedures?
I deal with testing and supplying materials for the nuclear industry and all of our testing equipment we use can be identified and all these questions verified. If the police are able to use the results of equipment as evidence I feel my questions are valid.
Is the officer required to bring in "calibration records" and certificates for the radar and the tuning fork (is this how they set it)? No If asked at the trial does the officer need to produce their certification records and that of the person who certified them? No I have a 2008 Accrua CSX and a Toyota truck was behind. Is the bigger target behind a defence? no
Is the officer required to bring in "calibration records" and certificates for the radar and the tuning fork (is this how they set it)?
No
If asked at the trial does the officer need to produce their certification records and that of the person who certified them? No
I have a 2008 Accrua CSX and a Toyota truck was behind. Is the bigger target behind a defence?
no
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
As far as the courts are concerned, really only two things are required to satisfy disclosure obligations: - Officer's notes - Radar/laser manual You are entitled to make a "full answer and defence," and that's what the courts consider sufficient to do so. The Crown has to prove that the officer identified a vehicle that was speeding visually, used a speed-measuring device to verify the speed, the officer essentially did not lose sight of the vehicle until it was stopped, and that the device was tested and working properly. That is the standard set by the courts Canada-wide. In some US states, the courts often require a mountain of evidence to prove the device was working properly, but that is not the case here, or, for that matter, in most US states. Officers go through regular recurrent training. The officer's testimony that he was trained on the device and re-qualified properly is sufficient to satisfy the courts. To my understanding, most police services do not even provide "certificates" of the officer's training or completion, but I might be wrong. Rather, the record of requalification is part of their personnel file, and that will not be disclosed for a speeding case. Tuning forks are not used on radar devices in Ontario anymore. If the officer was using a hand-held radar device, there may be an opportunity to challenge its accuracy, if the manufacturer does not specifically state in the manual that the internal test verifies that the device is working properly and is accurate. You'd need to read the manual to find that out. As far as calibration goes, some devices require periodic bench testing, others have a warranty or guarantee of service - again, in the manual. However, if the device was tested by the officer and found to be working, it's an uphill battle. If the radar device that was used was "moving radar," in other words, built into the patrol car, the officers usually test it by driving down the road and measuring its readings versus the car's calibrated speedometer, which eliminates any possible need for a tuning fork. (I was a radar recurrent instructor, although that's not for police radar devices.) Disclosure would have more answers. Speeding cases are not the easiest to win, unfortunately. Once you have more information, then we might be able to give you some help. Regardless, if the officer did not reduce the charge, you should be able to plea-bargain to something less, if nothing else.
radar bill wrote:
In disclosure is it reasonable to ask for:
make, model, & serial # of the radar unit?
frequency and serial # of the tuning fork?
the calibration records for the radar unit?
the tuning fork?
the officers certification, training records, and test scores?
the examiners certification?
service history of radar unit and tuning fork?
a manual for the radar device?
calibration procedures?
As far as the courts are concerned, really only two things are required to satisfy disclosure obligations:
- Officer's notes
- Radar/laser manual
You are entitled to make a "full answer and defence," and that's what the courts consider sufficient to do so. The Crown has to prove that the officer identified a vehicle that was speeding visually, used a speed-measuring device to verify the speed, the officer essentially did not lose sight of the vehicle until it was stopped, and that the device was tested and working properly. That is the standard set by the courts Canada-wide. In some US states, the courts often require a mountain of evidence to prove the device was working properly, but that is not the case here, or, for that matter, in most US states.
Officers go through regular recurrent training. The officer's testimony that he was trained on the device and re-qualified properly is sufficient to satisfy the courts. To my understanding, most police services do not even provide "certificates" of the officer's training or completion, but
I might be wrong. Rather, the record of requalification is part of their personnel file, and that will not be disclosed for a speeding case.
Tuning forks are not used on radar devices in Ontario anymore. If the officer was using a hand-held radar device, there may be an opportunity to challenge its accuracy, if the manufacturer does not specifically state in the manual that the internal test verifies that the device is working properly and is accurate. You'd need to read the manual to find that out. As far as calibration goes, some devices require periodic bench testing, others have a warranty or guarantee of service - again, in the manual. However, if the device was tested by the officer and found to be working, it's an uphill battle. If the radar device that was used was "moving radar," in other words, built into the patrol car, the officers usually test it by driving down the road and measuring its readings versus the car's calibrated speedometer, which eliminates any possible need for a tuning fork. (I was a radar recurrent instructor, although that's not for police radar devices.)
Disclosure would have more answers. Speeding cases are not the easiest to win, unfortunately. Once you have more information, then we might be able to give you some help. Regardless, if the officer did not reduce the charge, you should be able to plea-bargain to something less, if nothing else.
Good afternoon, I recieved a "Notice of Appointment" yesterday in the mail. It is about a 400k trip. If I don't attend this, is there still the possibility that the prosecutor will make an offer on the trial date? I am going to ask for disclosure. Thanks
Good afternoon,
I recieved a "Notice of Appointment" yesterday in the mail. It is about a 400k trip. If I don't attend this, is there still the possibility that the prosecutor will make an offer on the trial date?
Good afternoon again, I was on "Ticket Combat.com" and see that if I request disclosure I must go and pick up the material. Is that true. It's a long way to go. Thanks
Good afternoon again,
I was on "Ticket Combat.com" and see that if I request disclosure I must go and pick up the material.
I received disclosure yesterday. Radar identified as Decateur Genesis Directional VIP. No manual was included. I have been researching and see that this unit comes with tuning forks. When are they to be used? Does anyone have an online link to the manual. I am going to file a 2nd request for more disclosure.
I received disclosure yesterday.
Radar identified as Decateur Genesis Directional VIP.
No manual was included. I have been researching and see that this unit comes with tuning forks. When are they to be used?
Does anyone have an online link to the manual.
I am going to file a 2nd request for more disclosure.
There's a lot of case law that supports that disclosure of the manual is required. Failure to disclose relevant parts = STAY. You can (and probably should) do your own research, but do not proceed to trial unless they've given you the relevant parts (testing, operation, things like that). Providing you with the evidence is the duty of the Crown. I'm not sure about providing tuning forks or the requirement to test the device with tuning forks. EDIT: Should add... as previously mentioned... tuning forks are not in use in Ontario anymore. Most devices are tested using alternate methods to verify accuracy, although there are some that only do internal tests and there may be an opportunity to challenge that.
There's a lot of case law that supports that disclosure of the manual is required. Failure to disclose relevant parts = STAY. You can (and probably should) do your own research, but do not proceed to trial unless they've given you the relevant parts (testing, operation, things like that). Providing you with the evidence is the duty of the Crown.
I'm not sure about providing tuning forks or the requirement to test the device with tuning forks.
EDIT: Should add... as previously mentioned... tuning forks are not in use in Ontario anymore. Most devices are tested using alternate methods to verify accuracy, although there are some that only do internal tests and there may be an opportunity to challenge that.
Last edited by Radar Identified on Wed Jan 13, 2010 12:46 pm, edited 1 time in total.
* 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
You have found the American version not Canadian. I would say they all come with the forks bear, just you don't need them. No tuning forks come with the units and no where in the manual does it mention them....
Reflections wrote:
hwybear wrote:
radar bill wrote:
No manual was included. I have been researching and see that this unit comes with tuning forks. When are they to be used? .
You have found the American version not Canadian.
I would say they all come with the forks bear, just you don't need them.
No tuning forks come with the units and no where in the manual does it mention them....
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…