Errors and Omissions

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il capo
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by: il capo on
Thu Aug 14, 2008 7:21 pm

Ok so i've finally received my court date and disclosure notes. My court date is on the 26th of august, 4 months after the fact.

- The notes specify one date and the ticket another.
- The notes have the wrong model type of my car (I drive a bmw 328is, not an M3- Officer would have seen this on my ownership)
- Issued a PON (Provincial Offence Notice)
- specifies moderate traffic- it was rush hour.

I had gone to the Prosecutor and made him aware of the problem with the date prior to receiving my court date and disclosure notes. The discrepancy in the date has still not been rectified and it's been 4 months since the offence.

could any of you tell me a bit more about this particular radar gun- Ultra Lyte LTi 20-20 Laser




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hwybear
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by: hwybear on
Fri Aug 15, 2008 9:58 am

il capo wrote:- specifies moderate traffic- it was rush hour.
That is a common misconception I encounter in court all the time. I work the highway and varying times, 24hrs a day. I can tell when traffic is what traffic, light, median, heavy or "oh my god". Some one that travels the road same day, same time always thinks it's "rush hour" as that is when they commute. The volume of traffic is different than ones "rush hour".
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


il capo
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by: il capo on
Wed Aug 20, 2008 12:38 pm

It's all subjective. What may seem like "rush hour" or conjestion to one person, may not be the case for another. However, the traffic flow was up there. I mean the lights separated alot of it, but it was none the less a busy time.

Anyhow, my court date is next week and I feel i'm pretty prepared. I've researched the radar gun and its operations procedures. Hopefully the ticket is thrown based on the technicality concerning the date, if not, I gotta give it all I've got.


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hwybear
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by: hwybear on
Thu Aug 21, 2008 4:23 pm

il capo wrote:It's all subjective. What may seem like "rush hour" or conjestion to one person, may not be the case for another. However, the traffic flow was up there. I mean the lights separated alot of it, but it was none the less a busy time.
Exactly my point....someone travelling at the same time every day or even a couple times, IMO can not be able to tell what a traffic flow is for that respective section of the road is....unless that person routinely is on it 24hrs a day.

(ie: someone comes through my area on a Thur evening between 4-8pm, and claims the traffic is heavy......that time is medium at best for this area on a Thursday)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


il capo
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by: il capo on
Thu Aug 21, 2008 5:05 pm

hwybear wrote:
il capo wrote:It's all subjective. What may seem like "rush hour" or conjestion to one person, may not be the case for another. However, the traffic flow was up there. I mean the lights separated alot of it, but it was none the less a busy time.
Exactly my point....someone travelling at the same time every day or even a couple times, IMO can not be able to tell what a traffic flow is for that respective section of the road is....unless that person routinely is on it 24hrs a day.

(ie: someone comes through my area on a Thur evening between 4-8pm, and claims the traffic is heavy......that time is medium at best for this area on a Thursday)
So then an officer wouldn't really be at liberty to judge whether a certain section of the road is busy with traffic or not because they never patrol the same road and the same time. Where as someone who travels that particular route on a daily basis would be in a better position to determine what is moderate or heavy traffic no?

We're arguing semantics here. I don't even think I will focus on this particular issue as much as I would on the procedural aspects of how the officer conducted his reading via the radar device.


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