I posted before, but the only real question is.... if you go to court caught by radar, do the officers notes really matter. If they are incorrect, but do not effect the radar reading, am I still going to be found guilty. Officer makes me out to be angry, and aggressive, ( which I was not, and is proven in video). Officer notes say I started talking before she could say anything, and that I left before she explained anything. ( she said goodbye - twice) Both of which, video shows are false. I also feel that she could not have visually estimated my speed. In 2 seconds and not seeing entire vehicle due to hill. She solely used radar sound, to hit lights.
I posted before, but the only real question is.... if you go to court caught by radar, do the officers notes really matter. If they are incorrect, but do not effect the radar reading, am I still going to be found guilty.
Officer makes me out to be angry, and aggressive, ( which I was not, and is proven in video). Officer notes say I started talking before she could say anything, and that I left before she explained anything. ( she said goodbye - twice) Both of which, video shows are false.
I also feel that she could not have visually estimated my speed. In 2 seconds and not seeing entire vehicle due to hill. She solely used radar sound, to hit lights.
Might be worth bringing these points up with the prosecutor at your meeting. You could try to have them think that you'd get it on record that the officer was making untrue notes. No officer or prosecutor wants that because it could affect testimony in future potentially more important cases. You might get lucky. As for the other stuff I doubt you'd have much luck. I've driven with my hand on the lock button and we are trained to determine excess speed very quickly. Two seconds is not unreasonable.
Might be worth bringing these points up with the prosecutor at your meeting. You could try to have them think that you'd get it on record that the officer was making untrue notes. No officer or prosecutor wants that because it could affect testimony in future potentially more important cases. You might get lucky.
As for the other stuff I doubt you'd have much luck. I've driven with my hand on the lock button and we are trained to determine excess speed very quickly. Two seconds is not unreasonable.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
I doubt that makes any difference to be honest. Unprofessional but no concern as regards to law. That's what sewers a lot of people who defend themselves - they focus on things that they think are 'wrong' but that have no bearing on the facts of the charge. For example let's say your ticket was for failing to produce insurance and the officer had done a ton of things unprofessionally, been rude, made you wait for ages, blah blah blah. The only thing the judge cares about is did you produce the required document when it was demanded. Nothing else matters. It's why judges hate it when people self represent. Get my drift ?
lazywalker wrote:
Thanks for that reply. I am hoping combined with officer saying a@@hole as I leave will help make up their minds to drop it.
I doubt that makes any difference to be honest. Unprofessional but no concern as regards to law. That's what sewers a lot of people who defend themselves - they focus on things that they think are 'wrong' but that have no bearing on the facts of the charge.
For example let's say your ticket was for failing to produce insurance and the officer had done a ton of things unprofessionally, been rude, made you wait for ages, blah blah blah. The only thing the judge cares about is did you produce the required document when it was demanded. Nothing else matters. It's why judges hate it when people self represent. Get my drift ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
You of course, are right about not self representing. I do not want to start by making the judge angry. Nor for me to look stupid. What is relevant, or not, is too hard to know. And points of law are best left with someone who knows. I have spent a lot of time analyzing this, and have got nowhere. Getting the correct information is very hard. But I do try to educate myself whenever I can. Before I get help, I want to have an idea of what I need help with. My next court date is in JUNE so I still have some time.
You of course, are right about not self representing. I do not want to start by making the judge angry. Nor for me to look stupid. What is relevant, or not, is too hard to know. And points of law are best left with someone who knows.
I have spent a lot of time analyzing this, and have got nowhere. Getting the correct information is very hard. But I do try to educate myself whenever I can. Before I get help, I want to have an idea of what I need help with. My next court date is in JUNE so I still have some time.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
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