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Ontario Highway Traffic Act

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Trial comming up... What do you think of my chances?
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PostPosted: Mon Nov 12, 2012 2:27 pm 
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I had been pulled over for doing 108 in a 70 zone.

I decided to request a trail date right away because I did not believe I was speeding, and above that the officer let two cars that were travelling faster than me to pass him before he signalled me out to pull me over!

I know the above may be too hard to prove in court, but I do plan on going to "the scene of the crime" as it were and take pictures from where I believe the officer was sitting in his car when he tagged me. I think he might have gotten me and another, faster, silver car along the horizon mixed up. While that may not be the most air-tight of defences, I truly believe that is what happened.

I am not a fool, though. This trial is not about finding the truth, but more to find out if there is reasonable doubt as to guilt. That being said, please take a look at the cop's notes. I cannot read most of it myself, and I am in the process of asking the prosecution to give me a typed copy. Is there anything I can use here to be aquitted?

PS - I read somewhere here that the cop has to visually see you speeding before using his laser on me. Is that true, and can I use that to my advantage?

Also, from disclosure I also received a photocopy of some pages of the speed measuring device used. It was a "Speedlaser".

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Re: Trial comming up... What do you think of my chances?
PostPosted: Tue Nov 13, 2012 5:53 pm 
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Location: Toronto
Edders wrote:
PS - I read somewhere here that the cop has to visually see you speeding before using his laser on me. Is that true, and can I use that to my advantage?


That's true. However, the officer can be looking through a scope on the laser (kinda like looking through binoculars), and then "pull the trigger" to activate the laser. The whole process can be a matter of seconds.

Looks like, from his notes, he got you at a distance of 197 metres. Looks like the officer also tested the device at 6:51 and re-tested at 15:16. I'm going to guess it's a Laser Atlanta (not sure of the specific make) serial #24101. It says "posted 70 x 3", or the posted limit was 70 km/h and there were three speed limit signs prior to where he was sitting... Weather was clear, eastbound traffic. Not sure what else to tell you.

Did you get the relevant parts of the laser manual? (Testing, use?)

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Re: Trial comming up... What do you think of my chances?
PostPosted: Wed Nov 14, 2012 2:57 am 
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Hello, and thanks for the reply, btw.

I received a partial copy of the manual, basically tells me how to operate it, followed by the manufacturer's recommended daily tests. Regarding the tests, there are five things that have to be done with the measuring device "prior to beginning enforcement options" (as the manual puts it).

I'm guessing the cop would have performed these tests before hitting the road that day :(

I read it and reread it, but I could not find anything that could help me.

The more I think about it, the more I think I'm screwed :(


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Re: Trial comming up... What do you think of my chances?
PostPosted: Thu Nov 15, 2012 1:45 am 
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Well you still could plea bargain to a lower speed, if that's what you're hoping for.

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http://www.OntarioTicket.com OR http://www.OHTA.ca


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