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Fossil Hill/La Rocca - Disobey stop sign - need advice
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PostPosted: Mon Jan 17, 2011 2:38 pm 
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Joined: Thu Mar 18, 2010 5:08 pm
Posts: 9
Hallo everybody.
First of all thanks for the opportunity to get an idea or help or an advice on this forum.
.
31 of May 2010 I got ticket DISOBEY STOP SIGN-FAIL TO STOP 136(1)(a).

The date set for trial 08 of December 2010 and I changed it for 25 January 2011 because this is only day when my witness available

I requested full disclosure 29 September 2010 and did second request 19 November 2010.

12 of January 2011 I got phone call to pick it up and I got it 14 of January 2011.

All what I got is one page with copy of both sides of the officers copy of the ticket.

Font side is regular printed offence notice.

Back side is like this:

Radar type: LASER ATLANTA
Radar Serial Number: XXXXX
Test time: 06:30
Line: 1
Weather: SUNNY WARM CLEAR
Road: DRY
Overweight:

Officer Notes:
MARKED CRUISER xxx PARKED ON LA ROCCA AVE FACING 10M FROM THE INTERSECTION 4 WAY STOP INTERSECTION MARKED WITH STOP LINES D1 S/B ON FOSSIL HILL WHEELSNEVER STOPPED MOVING SLOWLY DROVE THROUGH THE INTERSECTION DOCS-ALL OCC-2 VEH-TOYT UCS WHI 4D

My questions is:

1. Is it enough information in disclosure for this case?
2. Is this radar proper tool to check car full stop?
3. How big my chances to win and what I can do more for it based on disclosure or other factors?

I have witness my daughter 19 old and I am planning to say “ I did stop”
In reality my speed between to STOPs (it goes one by one in the distance 250 meters) was so slow and intersection was so clear (was no cars, no pedestrians at all) and I did momentary stop for the second or less but good enough to make my maneuver completely safe.
Thanks for any advice and opinion


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Fossil Hill/La Rocca - Disobey stop sign - need advice
PostPosted: Tue Jan 18, 2011 3:29 am 
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Joined: Thu Mar 18, 2010 5:08 pm
Posts: 9
Hi Everybody

This is specifications for Laser Atlanta from the website

Speed Range: 10 to 200 mph

Speed Accuracy: +/- 1 mph (+/- 2 kph)

Target Range: 0 to 30,000'

Pulse Rate: 238 pps (regular mode), 68 pps (Stealth Mode) .

On the base of this can I say this device can not be used to control full stop ?

Also, can I ask for additional disclosure like:

1.Exact model of laser
2. Specifics of the laser unit, owner’s manual and operating instructions
3. Officer's Training Record specific to said laser unit
4. Repair history of the unit
5. Official procedure for laser equipment testing and operator training standards.

If “YES” when is better to do this?
My trial is January 25.2011.
Should I do this before trial or better to ask about this in the court at the day of trial?

Thanks


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Re: Fossil Hill/La Rocca - Disobey stop sign - need advice
PostPosted: Tue Jan 18, 2011 10:11 am 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
philkam wrote:
Back side is like this:
Radar type: LASER ATLANTA
Radar Serial Number: XXXXX
Test time: 06:30
Line: 1
Weather: SUNNY WARM CLEAR
Road: DRY
Overweight:

Obvious by this that above is a standard format this officer uses on every offence notice.

Quote:
Officer Notes:
MARKED CRUISER xxx PARKED ON LA ROCCA AVE FACING 10M FROM THE INTERSECTION 4 WAY STOP INTERSECTION MARKED WITH STOP LINES D1 S/B ON FOSSIL HILL WHEELSNEVER STOPPED MOVING SLOWLY DROVE THROUGH THE INTERSECTION DOCS-ALL OCC-2 VEH-TOYT UCS WHI 4D
this is the evidence about the offence.

Very obvious Laser Atlanta was not used:
1) standard format of officers notes
2) officer is perpendicular, but in a position that would make it impossible to obtain any reading directly at the stop sign
3) lidar or radar can not calculate speeds that low

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Fossil Hill/La Rocca - Disobey stop sign - need advice
PostPosted: Tue Jan 18, 2011 1:05 pm 
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Joined: Thu Mar 18, 2010 5:08 pm
Posts: 9
Hi Hwybear,
Thanks for the quick response.

I am not clear is t he evidence about the offence work positive for me or officer checks my stop visually and notes about laser does mean nothing?

Would you please explain bit more .

Trial date very soon and I try to decide what should I do correct.

Thanks


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Re: Fossil Hill/La Rocca - Disobey stop sign - need advice
PostPosted: Tue Jan 18, 2011 2:17 pm 
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User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
IMHO the notes referring to laser mean absolutely nothing.....as does the test time and the word of "overweight" (regarding over weight vehicles). I think that top part (of officers notes) is what that particular officer puts on the top of every notes he/she makes. Even more so if it is a typed version of notes.

I would look at the notes where you state "marke cruiser XXX etc.."

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Fossil Hill/La Rocca - Disobey stop sign - need advice
PostPosted: Wed Jan 19, 2011 2:14 pm 
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Joined: Thu Mar 18, 2010 5:08 pm
Posts: 9
Thanks for help Hwybear,

Now the case looks very ordinary: my and my witness words against officers words.

Also appeal for everybody: Any suggestions how to use my witness in proper and correct way.


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