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 will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
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,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
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…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
