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Ontario Highway Traffic Act

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clocked from within the vehicle?
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PostPosted: Tue Aug 23, 2011 1:26 am 
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Joined: Mon Aug 22, 2011 11:59 pm
Posts: 1
Hi there,

Thanks to everyone who frequents this site and gives the great advice. Need some help for my particular case.

Details of ticket
Speeding - 62 in a 40 zone. - Dec 4 2010
The officer was parked on the side of the road (single lane side-street) in an unmarked police car. The road is quite curvy and if I was clocked correctly, it would have been around a curve/exiting the curve. All windows in the police car were closed. As I approached the police car, the officer stepped out and waved me over. I didn't argue the ticket at the time, just took it and went on my way.

My plan:
a) court date is set for Nov 24 2011 - Due to scheduled work outside of the city at this time, I plan to go in and file a notice of adjournment
b) while doing the above, I plan to drop off my Disclosure Request
c) I will hopefully fight this ticket off completely and not accept a lesser charge based on the below.

Some questions I have/arguments I would like to use when fighting the ticket:
1) Is it appropriate for the officer to clock me from within his vehicle which is facing the same direction as my traveling vehicle, all windows up? (i.e. radar guns operated through glass?)... or is it possible there was an exterior mounted gun on the car (pointing behind the car?) - if it was radar gun, he must have been turned 180 within the driver seat to clock me... this can't be correct operation...
2) I do not believe that the distance from the exit of the curve to the police vehicle is enough time to obtain an accurate read, for the officer to exit his vehicle and then wave me over. (i.e. I believe my car has to be traveling in a single direction, not along a curve, for a read to take place). I plan to go by the street and have pictures ready for the trial date of the area I was ticked on.

If any of you are able to share your opinions on the situation and whether I have grounds to fight this ticket in court, it would be greatly appreciated.
Edit: I also note that my trial date is more than 11 months from when the ticket was issued... should I stick to my plan or do the 11b?

Cheers,


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Re: clocked from within the vehicle?
PostPosted: Tue Aug 23, 2011 8:14 am 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
derekma87 wrote:
Some questions I have/arguments I would like to use when fighting the ticket:
1) Is it appropriate for the officer to clock me from within his vehicle which is facing the same direction as my traveling vehicle, all windows up? (i.e. radar guns operated through glass?)... or is it possible there was an exterior mounted gun on the car (pointing behind the car?) - if it was radar gun, he must have been turned 180 within the driver seat to clock me... this can't be correct operation...

yes, radar works thru glass. Probably 90% of radar that is mounted in cruisers are "dual antenna". One in front window, one in rear window.

Quote:
2) I do not believe that the distance from the exit of the curve to the police vehicle is enough time to obtain an accurate read, for the officer to exit his vehicle and then wave me over.

radar can obtain a target speed in under 1 second
Quote:
(i.e. I believe my car has to be traveling in a single direction, not along a curve, for a read to take place).,

radar can be used on a vehicle on an approaching curve, only thing that happens is there the cosine error is greater, however the cosine error is always in favour of you and radar reading will be lower. ie: vehicle speed 94, radar reading 93

_________________
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: clocked from within the vehicle?
PostPosted: Tue Aug 23, 2011 11:46 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
As Hwybear says, doesn't sound like anything wrong with how the radar reading was obtained.

As for 11B, a minimum 12 months needs to have passed, with all delays due to the Crown/Courts. If you're still just 11 months, that won't cut it.


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