From disclosure, the officers notes state the serial number of the radar unit and that it was a Genesis II Directional. Also in disclosure were two pages of the radar manual (Field Tests section) and across the top of these pages it says Genesis II Directional (Rev 02/05). So the test pages match the model given in officers notes. I received the disclsoure 1 day before first trial, so asked for adjournment and it was granted. At trial I mentioned that I had asked for a copy of the entire manual but was told I would not get it. JP said I did not need, but suggested prosecutor could let me view it, and she said okay. I showed up at prosecutors office, and they could not find a copy of this particular manual. The prosecutor at the trial was not there, but some other gentlman said he would contact the detachment and find out about the proper manual. I received an email from him and he said that whoever he talked to at the detachment said that particular serial number was a Genesis II Select Directional and not a Genesis II Directional. Okay, so now comes the hard part... How do I go about convincing a JP that there are some discrpencies with the model reported by the officer and the model reported by the detachment? If the officer followed the testing procedure from a different model, then this is good reason to show that it may not have been working correctly since the proper testing procedure was not followed exactly per the manufacturers instructions.
From disclosure, the officers notes state the serial number of the radar unit and that it was a Genesis II Directional.
Also in disclosure were two pages of the radar manual (Field Tests section) and across the top of these pages it says Genesis II Directional (Rev 02/05). So the test pages match the model given in officers notes.
I received the disclsoure 1 day before first trial, so asked for adjournment and it was granted. At trial I mentioned that I had asked for a copy of the entire manual but was told I would not get it. JP said I did not need, but suggested prosecutor could let me view it, and she said okay.
I showed up at prosecutors office, and they could not find a copy of this particular manual. The prosecutor at the trial was not there, but some other gentlman said he would contact the detachment and find out about the proper manual. I received an email from him and he said that whoever he talked to at the detachment said that particular serial number was a Genesis II Select Directional and not a Genesis II Directional.
Okay, so now comes the hard part...
How do I go about convincing a JP that there are some discrpencies with the model reported by the officer and the model reported by the detachment?
If the officer followed the testing procedure from a different model, then this is good reason to show that it may not have been working correctly since the proper testing procedure was not followed exactly per the manufacturers instructions.
No it's not as the testing pages I got clearly say "Genesis II Directional Rev 02/05" at the top which is not the same as a "Genesis II Select Directional Rev 25/AUG/2010." So they may similar, but they are not the same.
No it's not as the testing pages I got clearly say "Genesis II Directional Rev 02/05" at the top which is not the same as a "Genesis II Select Directional Rev 25/AUG/2010."
Why should you have to prove to the judge the manuals are different? JP said the crown could let you see IT. IT does not mean any manual. IT means the correct manual. The crown did not do what they were supposed to do. I would move to dismiss. If the trial goes ahead then I appeal. At appeal, I ask for a copy of the manual again. I bet the crown withdraws before they give it.
Why should you have to prove to the judge the manuals are different? JP said the crown could let you see IT. IT does not mean any manual. IT means the correct manual. The crown did not do what they were supposed to do.
I would move to dismiss. If the trial goes ahead then I appeal. At appeal, I ask for a copy of the manual again. I bet the crown withdraws before they give it.
The bit of the manual you are after is the testing procedure, right ? Perhaps there were no changes in the testing procedures between the manuals. If the changes were on other non-relevant stuff then crown could argue you received the information that you were looking for.
The bit of the manual you are after is the testing procedure, right ?
Perhaps there were no changes in the testing procedures between the manuals. If the changes were on other non-relevant stuff then crown could argue you received the information that you were looking for.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
I requested the whole manual. Whether you agree or not that they should provide it, I believe they should provide the whole thing as the content of the manual is likely relevant to the use of the device. INITIAL DISCLOSURE REQUEST THAT I SENT PROSECUTOR: - A full copy of the entire manual for this speed measuring device. I require the full manual in order to properly prepare and cross-examine the officer on their knowledge, understanding, training and use of the device, as well as all other information about the device, including (but not limited to) installation, display unit, remote control, communication systems, operating the unit, modes and settings, performance, how radar works, interference, testing, care, cleaning, storage, specifications, legal requirements, and all other sections of the manual; REQUEST I SENT AFTER THEY WERE UNABLE TO PROVIDE MANUAL FOR ME TO VIEW: - As suggested, I booked a time on Wednesday June 8th at 1:00pm to come and view the radar manual at the prosecutions office at _____. After arriving, I was told that they could not locate a manual for that specific radar device (Genesis II Directional). The two pages from the manual provided in the original disclosure (Chapter 9 Field Tests) clearly state at the top of the page "Genesis II Directional", so this manual must exist somewhere. In order to properly prepare a defense and make full answer to the charge, access to this manual must be granted. I disagree with the fact that an officer can simply verbally testify that they have been properly trained to use the radar device, without providing any other proof. But if the courts are going to accept this simple verbal testimony as proof of training, then the defendant should be able to properly cross-examine the officer on their knowledge and use of the device. This cross-examination can only properly be performed by first having access to the proper manual. Justice is not done, nor does justice appear to be done, when the defendant is prevented from properly cross-examining a witness because access to the manual was withheld. I am again requesting a full copy of the entire manual for the Genesis II Directional radar device.
I requested the whole manual. Whether you agree or not that they should provide it, I believe they should provide the whole thing as the content of the manual is likely relevant to the use of the device.
INITIAL DISCLOSURE REQUEST THAT I SENT PROSECUTOR:
- A full copy of the entire manual for this speed measuring device. I require the full manual in order to properly prepare and cross-examine the officer on their knowledge, understanding, training and use of the device, as well as all other information about the device, including (but not limited to) installation, display unit, remote control, communication systems, operating the unit, modes and settings, performance, how radar works, interference, testing, care, cleaning, storage, specifications, legal requirements, and all other sections of the manual;
REQUEST I SENT AFTER THEY WERE UNABLE TO PROVIDE MANUAL FOR ME TO VIEW:
- As suggested, I booked a time on Wednesday June 8th at 1:00pm to come and view the radar manual at the prosecutions office at _____. After arriving, I was told that they could not locate a manual for that specific radar device (Genesis II Directional). The two pages from the manual provided in the original disclosure (Chapter 9 Field Tests) clearly state at the top of the page "Genesis II Directional", so this manual must exist somewhere. In order to properly prepare a defense and make full answer to the charge, access to this manual must be granted. I disagree with the fact that an officer can simply verbally testify that they have been properly trained to use the radar device, without providing any other proof. But if the courts are going to accept this simple verbal testimony as proof of training, then the defendant should be able to properly cross-examine the officer on their knowledge and use of the device. This cross-examination can only properly be performed by first having access to the proper manual. Justice is not done, nor does justice appear to be done, when the defendant is prevented from properly cross-examining a witness because access to the manual was withheld. I am again requesting a full copy of the entire manual for the Genesis II Directional radar device.
If the courts are willing to accept the verbal testimony then it would be up to you to locate and view a copy of the manual. There are many defence lawyers who have purchased their own radar units, intoxilysers etc to gain the knowledge that they feel they need to challenge charges. If the manual was being submitted as evidence then it would need to be disclosed. But it isn't. It's the same when people ask for training records of officers right back until they started as a rookie, maintenance records of police vehicles etc etc. It is a common ploy to try and use the shotgun approach and try to ask for anything and everything and then cry foul when everything is not forthcoming. As we've discussed before it's the defendant's right to try and convince the judge that something is relevant but it is only the judge that can compel the crown to produce something. That's my opinion - we disagree and that's ok.
If the courts are willing to accept the verbal testimony then it would be up to you to locate and view a copy of the manual. There are many defence lawyers who have purchased their own radar units, intoxilysers etc to gain the knowledge that they feel they need to challenge charges.
If the manual was being submitted as evidence then it would need to be disclosed. But it isn't.
It's the same when people ask for training records of officers right back until they started as a rookie, maintenance records of police vehicles etc etc. It is a common ploy to try and use the shotgun approach and try to ask for anything and everything and then cry foul when everything is not forthcoming.
As we've discussed before it's the defendant's right to try and convince the judge that something is relevant but it is only the judge that can compel the crown to produce something.
That's my opinion - we disagree and that's ok.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
There is definitely info in the operator portion that is relevant and material to many speeding defendants. I successfully used some of the information to defend myself. The JP may allow the crown railroad the defense but I bet the appeal judge won't. And since the police and the crown will rather dismiss than have a appeal court ruling against them, in my view, they will withdraw.
There is definitely info in the operator portion that is relevant and material to many speeding defendants. I successfully used some of the information to defend myself. The JP may allow the crown railroad the defense but I bet the appeal judge won't. And since the police and the crown will rather dismiss than have a appeal court ruling against them, in my view, they will withdraw.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
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…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…