I got a speeding ticket by moving radar Dec/12. The ticket was 95km in an 80km zone. I took it to court. It just so happened that it was the same cop I beat on two previous tickets. The day of trial the cop recognized me. During recess I stepped out. When I came back the fellow next to me said that the cop and Crown were talking about me. The cop said to the Crown that he didn't want to lose to me again. The Crown responded that she would let the Justice know and that the Justice was as on the side of the cops anyway. She brought up a motion to have the charge amended to 117km in an 80km zone. I objected on deaf ears. The Justice allowed it. I asked for an adjournment hoping I would get a different Justice. Well this Justice made sure not to miss our trial. My disclosure request was incomplete. The Crowns' office gave me a copy of the front page and section 7 of the manual. Two pages total. I took it upon myself to get the complete copy of the manufacturers' manual. The unit used was the Genesis II Select Directional Radar Unit by Decatur. I built my case around the faults of the unit. I had all the proper questions and all the perfect answers. The f#@&$! Justice shut me down. I could not refer to the manual but the cop could. I lost. He discriminated against me and violated my right to a fair trial. Trial was July/13 and Judgement was Dec/13. I filed an appeal on the grounds of an unfair trial. I won. I was granted an appeal. Now this time I asked for a complete manual. Our first date at trial was Dec/14. I asked for an adjournment on the grounds that I did not receive the manual in my disclosure request. The Crown asked the court that if I want a copy of the manual I must get an Order. The Justice agreed and asked me to file a motion to get an order for the full manual. The cop makes numerous comments in reference to the manual during his statement. Why would I need an order for what is already being used by the Crown. My right for full disclosure should not be ordered, it should be given. My question is can the court do this?
I got a speeding ticket by moving radar Dec/12. The ticket was 95km in an 80km zone. I took it to court. It just so happened that it was the same cop I beat on two previous tickets. The day of trial the cop recognized me. During recess I stepped out. When I came back the fellow next to me said that the cop and Crown were talking about me. The cop said to the Crown that he didn't want to lose to me again. The Crown responded that she would let the Justice know and that the Justice was as on the side of the cops anyway. She brought up a motion to have the charge amended to 117km in an 80km zone. I objected on deaf ears. The Justice allowed it. I asked for an adjournment hoping I would get a different Justice. Well this Justice made sure not to miss our trial. My disclosure request was incomplete. The Crowns' office gave me a copy of the front page and section 7 of the manual. Two pages total. I took it upon myself to get the complete copy of the manufacturers' manual. The unit used was the Genesis II Select Directional Radar Unit by Decatur. I built my case around the faults of the unit. I had all the proper questions and all the perfect answers. The f#@&$! Justice shut me down. I could not refer to the manual but the cop could. I lost. He discriminated against me and violated my right to a fair trial. Trial was July/13 and Judgement was Dec/13. I filed an appeal on the grounds of an unfair trial. I won. I was granted an appeal.
Now this time I asked for a complete manual. Our first date at trial was Dec/14. I asked for an adjournment on the grounds that I did not receive the manual in my disclosure request. The Crown asked the court that if I want a copy of the manual I must get an Order. The Justice agreed and asked me to file a motion to get an order for the full manual. The cop makes numerous comments in reference to the manual during his statement. Why would I need an order for what is already being used by the Crown. My right for full disclosure should not be ordered, it should be given. My question is can the court do this?
The Crown is under no obligation to proved everything in disclosure. Some f it may not exist and some of it they may say is not necessary to your defence. Ths is where you will need to state why you believe that having the entire manual is necessary. Most jurisdictions allow the accused access to the manual at an agreed upon time at the police station or prosecutors office. Just curious, wher did you get s copy of the Canadian Manual or was it the U.S. version?
The Crown is under no obligation to proved everything in disclosure. Some f it may not exist and some of it they may say is not necessary to your defence. Ths is where you will need to state why you believe that having the entire manual is necessary. Most jurisdictions allow the accused access to the manual at an agreed upon time at the police station or prosecutors office. Just curious, wher did you get s copy of the Canadian Manual or was it the U.S. version?
To Decatur; What difference does it make whether the manual is Canadian or Us. Electronics work the same way in both countries. As to the obligations of full disclosure by the Crown, they must provide all relevant and requested materials by the Defense. The decision of what is necessary to the Defense will be made by the Defense not the Crown. Yes I was granted viewing of the manual but not allowed to copy any of it. What good is this if I can't take it with me to examine and study. In the first trial, every time I made reference to the manual, I was told by the cop and the Crown that my manual is different than their manual. The Justice agreed. Also I was repeatedly told that I was not an expert and could not make certain statements about the controversy that actually exists with all moving radar units. Anyone beg to differ? The radar unit is the sole incriminating evidence the Crown has. So I decided to attack the unit. Common problems with the unit are Electric Magnetic Interference, Vehicle Ignition Interference, Radio Frequency Interference, Feedback Interference, Fan Interference, Shadowing, and a few others. This was my line of questioning. Without the unit the cop can't charge me for speeding. So, yes the manual is very important. This is why a Superior Court Judge shot down the decision of the Justice and I was granted a new trial. Oh, by the way, the terms I'm using come directly from the manual. Decatur can't say that their unit is 100% accurate and that the possibility of error is 0%. Based on this, there is reasonable doubt.
To Decatur;
What difference does it make whether the manual is Canadian or Us. Electronics work the same way in both countries. As to the obligations of full disclosure by the Crown, they must provide all relevant and requested materials by the Defense. The decision of what is necessary to the Defense will be made by the Defense not the Crown. Yes I was granted viewing of the manual but not allowed to copy any of it. What good is this if I can't take it with me to examine and study. In the first trial, every time I made reference to the manual, I was told by the cop and the Crown that my manual is different than their manual. The Justice agreed. Also I was repeatedly told that I was not an expert and could not make certain statements about the controversy that actually exists with all moving radar units. Anyone beg to differ? The radar unit is the sole incriminating evidence the Crown has. So I decided to attack the unit. Common problems with the unit are Electric Magnetic Interference, Vehicle Ignition Interference, Radio Frequency Interference, Feedback Interference, Fan Interference, Shadowing, and a few others. This was my line of questioning. Without the unit the cop can't charge me for speeding. So, yes the manual is very important. This is why a Superior Court Judge shot down the decision of the Justice and I was granted a new trial. Oh, by the way, the terms I'm using come directly from the manual. Decatur can't say that their unit is 100%
accurate and that the possibility of error is 0%. Based on this, there is reasonable doubt.
Sept/14 I attended court in the afternoon session, like I was told, to pick a trial date. The Crown picked a date without me in the morning session. The date was Dec/14. My next trial date is end of Apr/15. I've made a second request to full disclosure even though the Court says I need an Order to get the manual.
Sept/14 I attended court in the afternoon session, like I was told, to pick a trial date. The Crown picked a date without me in the morning session. The date was Dec/14. My next trial date is end of Apr/15. I've made a second request to full disclosure even though the Court says I need an Order to get the manual.
You might want to consider doing some research on case law and through some older threads regarding the radar manual, it's use in court, radar interference, and accuracy of the radar. All of your points and questions have been covered before. The main point about all of the interference that you mention is that none of it affects the accuracy of the radar. It may however affect the range of the radar.
You might want to consider doing some research on case law and through some older threads regarding the radar manual, it's use in court, radar interference, and accuracy of the radar. All of your points and questions have been covered before.
The main point about all of the interference that you mention is that none of it affects the accuracy of the radar. It may however affect the range of the radar.
ALL the POINTS I made affect the accuracy of the unit. Radar works on a radio frequency principal made possible by electronics. All the interferences mentioned above are created by electronics. The manufacturer themselves admit to these electronic interferences existing (section 8 of the manual for the Genesis II Select Directional Radar Unit manufactured by Decatur) and the possibility of an inaccurate reading being very possible. This matter is unprecedented. I am disputing moving Radar not stand still Radar. The two are vastly different.
ALL the POINTS I made affect the accuracy of the unit. Radar works on a radio frequency principal made possible by electronics. All the interferences mentioned above are created by electronics. The manufacturer themselves admit to these electronic interferences existing (section 8 of the manual for the Genesis II Select Directional Radar Unit manufactured by Decatur) and the possibility of an inaccurate reading being very possible. This matter is unprecedented. I am disputing moving Radar not stand still Radar. The two are vastly different.
A qualified operator doesn't just rely on the manual for training and use. They use a proper tracking history to eliminate or minimize all of those issues. Regardless, any interference isn't additive to a target speed, it simply reduces range.
A qualified operator doesn't just rely on the manual for training and use. They use a proper tracking history to eliminate or minimize all of those issues.
Regardless, any interference isn't additive to a target speed, it simply reduces range.
Id disagree with that notion. Remember that beyond a reasonable doubt is not the same as absolute certainty (think 90% sure versus 100%). If the Crown can show the radar was properly tested and used, the Courts will tend to accept the reading. To raise reasonable doubt, you would need to somehow show why the reading was erroneous and the result of interference etc. Merely stating that its possible to obtain an inaccurate reading is not enough without something to support the claim.
mimdom wrote:
Decatur can't say that their unit is 100% accurate and that the possibility of error is 0%. Based on this, there is reasonable doubt.
Id disagree with that notion. Remember that beyond a reasonable doubt is not the same as absolute certainty (think 90% sure versus 100%). If the Crown can show the radar was properly tested and used, the Courts will tend to accept the reading. To raise reasonable doubt, you would need to somehow show why the reading was erroneous and the result of interference etc. Merely stating that its possible to obtain an inaccurate reading is not enough without something to support the claim.
Genesis II Select Directional Canada Variant Rev 25 Aug 2010 Canadian Radar Manual If you go to Google search and copy/paste the following into it exactly as I paste it (including quotes and the site: part), you will find the manual: "Genesis II Select Directional Canada Variant" site:scribd.com
Genesis II Select Directional Canada Variant Rev 25 Aug 2010 Canadian Radar Manual
If you go to Google search and copy/paste the following into it exactly as I paste it (including quotes and the site: part), you will find the manual:
"Genesis II Select Directional Canada Variant" site:scribd.com
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
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…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
