speeding 134 km/h on 100 km/h

DeerCutInHeadLight
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speeding 134 km/h on 100 km/h

by: DeerCutInHeadLight on
Fri Feb 19, 2010 12:34 am

Hi and thanks for this great site. I just got a ticket for going 134 on 100. The location on the ticket not accurate-3 hours away from Toronto (where I live).
I got the ticket around Brock ville. I have been to court before, but never for speeding. I was wondering if you can give me some pointers please on how to approach this. I read some of the notes here. I can ask for a disclosure and proof? how and where ? there were 3 other police cars that showed up after I was stopped by the first one. They were pointing at my car (company car-with yellow and white lights on top) laughing and pointing at the screen of the first cop car. I realize that he is going to show up for the court when I go in to set a trial date. any thing would help. Thank you.


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by: Radar Identified on
Sat Feb 20, 2010 4:02 pm

For starters, file the ticket and Notice to Appear. From there, once you get your trial date, you can make the disclosure request (just makes it easier). You have a right to disclosure. Fax it or send it via registered mail. "Proof" that you're looking for really includes any sort of relevant stuff that the Crown will use against you in court. For a speeding case in Ontario, this is what I'd recommend you ask for in the disclosure request:

- Full copy of the officer's notes, typed if they are not legible;
- A copy of the radar/lidar manual;
- Photographic and/or video evidence, if any exists and the Crown intends to use it in court

There are some websites (mostly US-based) that tell you to ask for things like calibration records, officer's certification and training, blah blah blah. In most cases, that is simply extraneous stuff. Your disclosure request should be concise and focused on what you really need to defend yourself.

These two websites have some good information:
www.ticketcombat.com
fightyourtickets.ca

Also feel free to browse this website and gather more information to help you.
* 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


DeerCutInHeadLight
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by: DeerCutInHeadLight on
Sat Mar 13, 2010 4:29 pm

HI again,
Thanks for the reply. I got a court date for April 14th (134 on 100-259$). I am going to ask for a disclosure, what should I ask to see:
-Officer's notes-typed
-Proof or radar read
-when was the radar tested/ a copy of the test manual

The officer did not give me my options-is that a good point to bring up?

after he gave me the ticket he drove about 300 meters in reverse on the Hwy 401 back to his hiding spot-should I mention it to the judge?

when I asked him when/where I was speeding, he answered just around the curb-Any thing good, I can get out of his comments "just around the curb"?

thanks again for your time.


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by: Plenderzoosh on
Sun Mar 14, 2010 12:16 am

DeerCutInHeadLight wrote:HI again,
Thanks for the reply. I got a court date for April 14th (134 on 100-259$). I am going to ask for a disclosure, what should I ask to see:
-Proof or radar read
The officer doesn't have to show you the radar reading so I assume they just have to testify that they clocked you at 134km/h.
DeerCutInHeadLight wrote: The officer did not give me my options-is that a good point to bring up?

after he gave me the ticket he drove about 300 meters in reverse on the Hwy 401 back to his hiding spot-should I mention it to the judge?
Neither of these statements do anything to strike doubt into the fact that you were speeding and as such don't actually help your case in court.
DeerCutInHeadLight wrote: when I asked him when/where I was speeding, he answered just around the curb-Any thing good, I can get out of his comments "just around the curb"?

thanks again for your time.
Are you sure he didn't say "around the curve"? The word curb doesn't make sense to me given that this happened on the 401. I personally can't think of anything that helps your case from him stating this though. Let us know when you have the officer's notes and we'll try to help you from there.


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by: Radar Identified on
Sun Mar 14, 2010 1:18 pm

DeerCutInHeadLight wrote:-Officer's notes-typed
-Proof or radar read
-when was the radar tested/ a copy of the test manual
Officer's notes: Will get that. It should have the speed that he recorded you doing, plus the time(s) of the testing of the device. If they are legible, they do NOT have to be typed.

Proof or radar read: See below.

Manual: Ask for a copy of the radar/lidar manual. You want both the procedures for testing the device and using the device. Asking for the whole thing should cover all the bases. They might give you the entire copy, or they might just give you the relevant page(s).
Plenderzoosh wrote:The officer doesn't have to show you the radar reading so I assume they just have to testify that they clocked you at 134km/h.
Exactly! The radar/lidar does not provide any sort of "proof," printout or anything. There is no "proof" to be provided, except for what is written in the officer's notes.
Plenderzoosh wrote:Neither of these statements do anything to strike doubt into the fact that you were speeding and as such don't actually help your case in court.
Agreed. I've seen that tactic used in court. The JP will blow it right off. "So what does that have to do with your speeding/running the stop sign/hitting the bus/etc?"
* 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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