Officer disclosure includes:
1/ His own cover page which states:
"I have been employed by Peel Regional Police Since May 2003.
I have 11 years policing experience. I currently hold the rank of Constable and I am assigned to the Road Safety Services I Platoon where I perform my duties in a uniform capacity."
2/ Cover page of the manual with a page of testing procedure
Genesis VP Directional (tm) User's manual - Canada variant-Rev 25/Aug/2010
(Page 26) 6. Testing the Device
3/Hand-written notes (Typed notes received after request):
2009 [Brand & model]
2 Occupants G Driver's licence
Eastbound, Thru Lane, Lone vehicle. Visual track from approximately 200M.
Observe vehicle to be going 20KM over speed limt. Lock at approximately 50M
It happened on the first day of the year in the evening at 8:15pm.
I was conscious about the speed I was driving and totally disagreed with what he ticketed me.
My speed was much lower than what he ticketed me.
And I kept thinking about if he put 92 just because in case I plead guilty to a reduced charge, the court still earns my money from it.
Even though some might say 1 km over the limit is considered speeding, I am planning to plead not guilty to the charge and challenge it.
I need some advice or strategies on defending myself in court next week.
That night, I was the only car on the road and obviously he was also the only cop car sitting outside the Mississauga courthouse area.
I noticed his car being in the dark (no street lights above him) facing Burnhamthorpe Road before I passed him.
I was 100% sure that he has its windows closed completely.
Knowing that the Radar unit can be used through a window without affecting the accuracy, my only concern is that he did not even use it, nor use it properly inside the cop car.
I did not expect him to pull me over when I drove by, but I saw him in my rear mirror coming up when I almost reached the upcoming traffic lights.
His siren lights did not flash until he approached me at the intersection. I pulled over within 2 seconds after his lights flashed.
He provided everything that meets the disclosure requirement as mentioned above.
After reading all resources available on the internet, I found that:
People usually use the testing procedures to create doubts or argument for cases;
Or challenge the qualifications of the officers.
I am not a professional in this but I want to know if there is any chance to challenge this ticket?
Would the judge listen to my concerns below?
1/ About the window rolled up in officer's operation (No evidence of use of Radar unit)
2/ If officer indeed used the Radar gun, Burnhamthorpe Road was not a "horizontally even", which is slightly down slope where the speed measurement taken place, in which the speed reading of the gun is not accurate according to the road condition (not because of the device)
3/ His response time to pull me over: he did not immediately take action to what he observed. He started get into Burnhamthorpe Road when I almost approached the next intersection.
4/ His notes were prepared in advance which can apply to all cars passing in front of his position and he can just change the variables (the speed) up to his estimation. His note about he observed [Vehicle X] at [Speed over] approximate 200m[a distance up to the radar ability], then lock it at approximate [distance in meter].....
5/ He only asked me for driver licence and insurance, not ownership. Even though it is up to the officer what to request, if I testify what he requested from me, is he supposed to remember what he asked for? (Is this worth to mention at all?)
6/ What was the purpose of keeping the full VIN# of vehicle in notes? (To prove officer checked my driving record to decide whether issue me a ticket or not?)
2) Any curvature in the road with a stationary radar unit is to your benefit. It would actually present a lower reading then your actual speed. The reading will still be accepted by the Court.
3) Police typically take some time to pull a vehicle over. They'll query the plate, etc. to determine who/what they're stopping.
4) Form notes are regularly used by traffic officers and accepted by the Courts.
5) Even if he doesn't remember I don't see that raising reasonable doubt.
6) Are you sure its your VIN? That does seem weird. Driver's licence number or plate number makes sense, but VIN seems weird unless the vehicle was unplated or had an incorrect plate.
Really at the end of the day there's not much to fight speeding tickets on other then verifying the speed measuring device was properly tested and used to obtain your speed.
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