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
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,…
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…
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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…
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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.
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…
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.
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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.)
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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…
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.
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I'm wondering if anyone could enlighten me on what to do about the following scenario:
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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:
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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.
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alright well to get started ive developed a passion for longboarding
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My court date is nearing at old city hall at appeals court.
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