hwybear wrote:
Have Bookm run around the tarmat with a pie plate strapped to his chest and a aluminum foil helmet?
Oh, that would be a funny PhotoShop pic, anyone?
Re: Cop suspended with Pay, HTA 172
hwybear wrote:
Have Bookm run around the tarmat with a pie plate strapped to his chest and a aluminum foil helmet?
Oh, that would be a funny PhotoShop pic, anyone?
Re: Cop suspended with Pay, HTA 172
Hmmm... What's the pay?
Re: Cop suspended with Pay, HTA 172
Radar Identified wrote:
When we're safely clear of the apron/ramp area, during taxi we turn the radar on and point the nose (radar antenna is in the nose cone) at a distant object or set of buildings. If there is a rainshower in the area, even better; we tilt up the antenna and see if the rain shows up on our Multi-Function Display (MFD). Only takes a couple of seconds for the radar sweep to pick it up. We then check that the pattern on the MFD "jives" with what we see outside. So more of a practical test than anything.
So it is not an actual calibrated something or other that makes this test independent.
Police radar testing is very similiar (if I'm understanding correctly). After you have done a self test, you basically rely on an object that you can see at a unknown distance (haven't seen a co-pilot get out a tape and measure to a building)
Police radar testing is beyond just a self test. A test also has to be done in regards to our speedometer. Meaning we have to move, activate the radar and see if the patrol speed matches with the speedometer reading, if 2 antennas are being used, this comparison must be done with both antennas. This comfirms the antennas are transmitting and receiving properly, and produces a speed at a known rate.
I had one case where the internal self-check was showing that it was working, even en route, but the antenna had failed (that was one fun afternoon
)... which is why I'm a bit skeptical of internal circuit tests proving that the device is working.
If a self check passed, the officer does the patrol speed comparison and no reading, or intermittent reading, the antenna is not working properly and the unit is taken out of service and sent for repair. Would not be any different with a tuning fork (ding) no reading, antenna not working, unit sent for repair.
Re: Cop suspended with Pay, HTA 172
hwybear wrote:
So it is not an actual calibrated something or other that makes this test independent.
Correct. Independent calibration is done by an avionics technician, but that's required usually every year or so, depending on the unit.
hwybear wrote:
After you have done a self test, you basically rely on an object that you can see at a unknown distance (haven't seen a co-pilot get out a tape and measure to a building)
More or less. The shortest range I can use is 10 nautical miles, so a lengthy tape measure would be overdoing it, but just like you have good skills at estimating speeds and distances, we also have to be able to estimate distances - so we have a rough idea of where they should appear. There is another way of checking but it's a bit of overkill. The usual ranges we use are 40 nautical miles (departure/arrival phase) and 80 nautical miles (en route), the primary use, of course, being avoiding significant weather (mostly thunderstorms). If we're close in to an airport for takeoff and final approach we might use the 20 mile range.
hwybear wrote:
A test also has to be done in regards to our speedometer. Meaning we have to move, activate the radar and see if the patrol speed matches with the speedometer reading, if 2 antennas are being used, this comparison must be done with both antennas. This comfirms the antennas are transmitting and receiving properly, and produces a speed at a known rate.
Now THAT makes sense. I'll buy that. Thanks for clearing that up.
Re: Cop suspended with Pay, HTA 172
RI, that would be for the radar units that are moving. Handheld which TC brings up is another story....again I'll have to go look into the manual.
Re: Cop suspended with Pay, HTA 172
Yes. Poor wording on my part.
I should've said "I'll buy that for mobile tests, what about hand-helds?"
Re: Cop suspended with Pay, HTA 172
Are any tests done for lidar?
Do you guys test on a regular basis?
Like have 2-3 officers drive by in marked cars and test various devices to see if they all get same speed and if that matches the car?
But then what ensures the speed in the police interceptor is also accurate?
Re: Cop suspended with Pay, HTA 172
The testing procedures for lidar actually ensure the unit is working properly. Tests are more than internal tests.
Unlike any other vehicle, cruiser speedometers are calibrated from purchase date and have this imprinted right on the speedometer.
Re: Cop suspended with Pay, HTA 172
hwybear wrote:
Unlike any other vehicle, cruiser speedometers are calibrated from purchase date and have this imprinted right on the speedometer.
Still need a check up every so often, with changing of tires etc.........
Re: Cop suspended with Pay, HTA 172
Aha, we got you RI! You are a pilot! Ever got asked for a pilot license when speeding?
Re: Cop suspended with Pay, HTA 172
racer wrote:
Aha, we got you RI! You are a pilot! Ever got asked for a pilot license when speeding?
Believe it or not... yes. That was one of the most unbelievable moments I've had on the road. Officer was trying to be funny when he stopped me: "Let's see the pilot's license, sir, because you were flying down the road back there."
I complied.
I got let go with a warning. ![]()
Re: Cop suspended with Pay, HTA 172
Now that's funny!
Re: Cop suspended with Pay, HTA 172
Welcome back, proper1! Been a while since we've heard from you.
Re: Cop suspended with Pay, HTA 172
Why, thankee kindly, RI. I backed off for health reasons: thinking about that damnable 172 was making me sick (as it will anybody who has respect for the rule of law), and reading about it every day was just too much. So why am I here again? I'm not sure... Masochism? The considerable value of so much else on this site? The laughs we sometimes have? Bits of all three, probably.
Re: Cop suspended with Pay, HTA 172
Any news on how the alleged shakedown man did in his first appearance?
Re: Cop suspended with Pay, HTA 172
On friday September 4 2009, The court of appeals in Napanee Ontario has ruled that this law is Unconstitutional. R. v Raham.
Speeding is Speeding
No more information at this time.
Re: Cop suspended with Pay, HTA 172
That's an interesting development. Let us know when more becomes available!
Re: Cop suspended with Pay, HTA 172
BOOOOOOOM
http://jmortonmusings.blogspot.com/2009 ... ional.html
Trying to get a actual transcript.
I say again BOOOOOOOOOOOOOM ![]()
Re: Cop suspended with Pay, HTA 172
This is HUGE!
Re: Cop suspended with Pay, HTA 172
It's all over the news now. The ruling basically said that, indeed, speeding, no matter by how much, is an absolute liability offence and cannot have the possibility of imprisonment, therefore the inclusion of a specific speeding offence in O.Reg 455/07 violates section 7 of the Charter of Rights and Freedoms.
Police can still seize and impound cars and suspend licences at the roadside, however now that it has been established that 50 km/h over cannot be "stunt driving" in and of itself, using that specific provision to tow the car would be wrongful prosecution. Police can still use, for example, "drive a motor vehicle at a marked departure from the lawful rate of speed" to charge a driver under s. 172 who is going 50 km/h or more over the limit.
However, I think the door is now WIDE open for challenges to the property seizure provisions. This is especially the case since, right now, there is no "show cause," no recourse, no due process, etc., and the defendant, per the idea of strict liability, is entitled to defence of due diligence - which can't happen if the penalty is imposed up-front. An administrative licence suspension might stick, though. Time will tell...
Re: Cop suspended with Pay, HTA 172
It's unfortunate that the first successful challenge of this repugnant law should be on a narrow quibble about speeding. We already have proven and reasonable laws against speeding (and careless driving). The sordid heart of 172 -- the summary judgment, conviction, and vicious penalty on the spot, without possibility of appeal or redress -- is not directly under discussion in the Napanee case.
Still, I suppose it's a start.
Re: Cop suspended with Pay, HTA 172
I took a different take on Morton's report of the case (Good job finding it Bel!). He noted that there must be some form of mental element (mens rea) to warrant imprisonment. We've seen previous cases where the justices ruled 172 was a strict liability charge open to a due diligence defence.
This case goes the other way by stating that IF the only element to the charge is excessive speed, there is no mental element (intention) and no possibility of raising a due diligence defence. Therefore it's an absolute liability charge AND that violate s.7 if the penalty includes the possibility of imprisonment.
********* put it another way ****************
Before it was up to the defendant to show diligence - show how they tried to avoid going 50km/h over. The twist with this case is: if there is a possibility of imprisonment and the Crown simply shows the radar gun reading to get a conviction, then there is no possibility of coming up with a valid excuse. It is an absolute liability offence which violates s.7.
It's interesting to note that R. v. Brown, 2009 ONCJ 6 said the exact opposite:
the applicant submitted that where speeding is the only allegation within a charge of stunt driving, there is no conceivable due diligence defence available. With respect, this Court declines to speculate on possible defences. In my view, it is this Courts responsibility to simply acknowledge that a due diligence defence is available and leave the development of the defence of what the proverbial 'reasonable person might do, to the creative thinking of counsel.
Re: Cop suspended with Pay, HTA 172
I found an equally interesting ruling that quietly went through in June.
Justice Woodworth, who presided over that case made the following ruling:
The respondent has not established that the deprivation of liberty resulting from this is demonstrably justified in a free and democratic society and as such Section 3.7 of Regulation 455 is not saved by section one.
Section 52(1) of the Constitution Act, 1982 states;
The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force and effect.
This court has found Section 3.7 of Reg.455/07 enacted pursuant to the Highway Traffic Act to be an offence of absolute liability for which a term of imprisonment is possible upon conviction. As this Subsection of the regulation in conjunction with the provisions of Section 172 of the HTA violates the liberty interest of the subject as guaranteed by the court Section 3.7 of Regulation 455/07 is declared to be of no force and effect.
Justice Woodworth also noted considerable precedent that has established, firmly, that speeding is absolute liability, end of discussion. Actually his ruling went even further with this law. He ruled that the seizure of the vehicle and licence suspension are not "true penal consequences" that would violate the Charter of Rights and Freedoms. (Fine, we'll see what the Ontario Court of Appeal says.) HOWEVER, counter-balancing that, Justice Woodworth stated that because speeding 50 km/h over the limit may be either a speeding (s. 128) or stunt driving (s. 172) charge, and the basis for that is solely the discretion of a police officer at the side of the road:
There does not appear to be any rational basis or ascertainable standards as to how that discretion will be utilized in determining what a person will be charged with in the circumstances of speeding at more than 50 kilometres above the speed limit. Thus based upon this factor s. 172 of the HTA does offend section 12 of the Charter in that the penalties may be arbitrarily imposed.
He did rule that this was justified by section 1 of the Charter in that the objectives are to safeguard the public. (We'll see if that stands up at a higher level.) This law will eventually reach the Supreme Court of Canada, I'm sure. The defendant, Johannes van der Merwe, was found not guilty due to lack of evidence (officers did not provide satisfactory evidence that they stopped the correct vehicle).
The other case that was interesting was R. v. Vanioukevitch, where the defendant advanced a due diligence defence but was convicted anyway. He stated that he was taking deliberate steps to avoid going more than 50 over, was driving (to his knowledge) well under that speed, has special driving training etc., but the LIDAR read 160 so he's guilty. ![]()
Re: Cop suspended with Pay, HTA 172
What if Ms. Raham here pulls a Myers, gets tired of all the brouhaha, and quietly takes a deal? Is the previous court ruling still binding on lower courts (JPs), or is it treated as if the previous ruling(s) never happened?
Re: Cop suspended with Pay, HTA 172
Transcript
Re: Cop suspended with Pay, HTA 172
"File damaged and can not be repaired"
Any one else unable to open?
Re: Cop suspended with Pay, HTA 172
Works for me. 23 pages, text (not scanned).
Officer Doolan testified that there was nothing unsafe or remarkable about Ms. Raham's lane change, and that the only evidence pertaining to the charge was the speed as indicated on the speed measuring device.
I think "unsafe or remarkable" should be a requirement on top of 50-over for 172. 50+ during the day, good visibility, reasonably light traffic - normal speeding, s. 128. 50+ at night or in otherwise poor visibility, higher traffic volumes, etc., then go with 172 for "stunt driving".
EDIT: Just finished reading it. Maybe it's for the best that Bookm can't open it..."speeding is a factor" is peppered across the document. ![]()
I did laugh out loud when Shakespeare was quoted.
Re: Cop suspended with Pay, HTA 172
I laughed when I read that part of what defines "stunt driving" is driving with a person in the trunk.
All those kids trying to smuggle their buddies into the drive-in had better watch out. Imagine being caught "Stunt driving" in your mother's Aveo. LOL!!!!!
Re: Cop suspended with Pay, HTA 172
Marquisse wrote:
I laughed when I read that part of what defines "stunt driving" is driving with a person in the trunk.
All those kids trying to smuggle their buddies into the drive-in had better watch out. Imagine being caught "driving" in your mother's Aveo. LOL!!!!!
isn't that punishment in itself...AVEO ![]()
Re: Cop suspended with Pay, HTA 172
Am I missing something?... Still on page 10 but:
"...speed increased incrementally to 130, and then to 131"
So she was charged for being 51 over, right?
I sure hope the following Genesis II specs are wrong then, or there's a good chance she was really driving just 48 over ![]()
Specifications for Decatur Police / Law Enforcement Radar System - Genesis-II Directional:
Performance Specification:
Stationary Accuracy: +/-1 MPH (1.6kph)
Moving Accuracy: +/- 2 MPH (3.2kph)
http://www.opticsplanet.net/decatur-gen ... radar.html
I'm not sure why no one wants to address the tolerance factor. Maybe people in general think everything is an exact science, as long as some digital number is displayed on a screen. We had a client who wanted us to assist him in his attempt to have his neighbor move his $3,000 fence 10 millimeters off "his" property. Just try explaining to people that, even with our billion dollar equipment (cough), we just can't make ground measurements that accurately (repetitively).
ix) "Officer Doolan testified that there was nothing unsafe
or remarkable about Ms. Rahams lane change, and that
the only evidence pertaining to the charge was the
speed as indicated on the speed measuring device."
So why was she bothered by the police then?... Oh, right,... the little number on the Genesis II.
P.S. File didn't like Adobe Acrobat. Is fine with Adobe Reader. ![]()
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
***** I previously posted this under "Speed Traps" by mistake ********
Hello all this is my first time posting here, I like what i've read so far. You all seem like a great bunch of people
.
I hope this is in the write section
I was caught by a speed trap and given a ticket for the following offense
exactly as written on the ticket:
"SPEEDING. 75 KM/HR IN A POSTED 60KM"
What I found odd was that the…
Hello All,
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
I still have no…
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
Hi all,
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
Before the car started skidding the driver noticed unusual sound(something breaking) from under left side of the car. It is on the audio record too.
The driver got Careless driving ticket, $490. No check-mark on Witnesses field on the ticket.
No any other vehicles involved, nobody injured, the Dodge Caravan is totally crushed, the light pole broken.
Cant this record help to fight the ticket in the…
Hey guys,
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
Hi there,
So I was driving my dad's car and it got impounded because I got a stunt driving ticket.
My dad is out of the country and my 7 day suspension is over a day before he gets back.
Would I still be able to pick the car up? It is at York Auto
The slip I was given by the cop has my name on it as well, as I am under the insurance.
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
Good evening all,
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Judge: ok, lets…
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
No ticket was given at the time of the…
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…