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
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
