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Ontario Highway Traffic Act

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Re: Links to AI-013
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PostPosted: Wed Sep 11, 2013 8:31 pm 
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Joined: Sun Mar 24, 2013 1:07 pm
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Decatur wrote:
You might want to consider more than just training. If it goes to trial ask about how often the officer actually uses radar. Just because they re qualify every 2 years doesn't mean they use it. I'd rather have an officer requal every 3 years and use it daily than someone who does it every 2 and takes the radar out once a month.
And don't forget to actually ask the officer when they did their re qualification if the prosecutor doesn't bring it up.


Thanks, good points..

Would you approach the Prosecutor prior to the start to notify them of my discoveries and see if it can be tossed? Is there any risk in doing this? Or, would it be better to just wait for the trial and state my case?


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Re: Links to AI-013
PostPosted: Wed Sep 11, 2013 8:39 pm 
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I'm not in a position to give any legal advice about that subject. You may bring it up to the prosecutor but they would probably consider it evidence and not really want to hear it.


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Re: Links to AI-013
PostPosted: Wed Sep 11, 2013 8:43 pm 
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Decatur wrote:
I'm not in a position to give any legal advice about that subject. You may bring it up to the prosecutor but they would probably consider it evidence and not really want to hear it.


Ok, thanks..

I was just curious if there was a chance after I disclosed my findings to the Prosecutor - if they might dismiss the charges before it actually gets to the trial?


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Re: Links to AI-013
PostPosted: Wed Sep 11, 2013 10:03 pm 
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Posts: 502
If you bring that up they will most likely tell you to get lost with no charge.

edit: you have to stand by your decision.

With me they just dropped the charge I thought the cop was gonna cry.

Cheers
Viper1

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Re: Links to AI-013
PostPosted: Thu Sep 12, 2013 3:15 pm 
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Well, I was in court today.
I checked in with the Prosecutor and stated my intent for a trial
I waited through 2 breaks for the Pros to only call my name during the 2nd break and tell me the Officer was injured over a week ago and they would be moving for an adjournment unless I wanted to take a 1 time sweet deal. I said I would argue for the adjournment and put it before the JP. I objected to the JP and argued that although sympathetic to the Officer - it is not my issue, and why did the detachment make arrangements and discuss with the Pros and send out a notification for a new trial date prior to me driving all the way in to court. Anyways - the JP granted the 1 time adjournment and I am supposed to go back in Dec.

I told the Pros during the discussion we had about the 1 time sweet deal, if there was a chance to review the evidence and perhaps get the ticket tossed on the spot. He told me if I wanted to show my poker hand, but he might be inclined to use my evidence against me. I told him I didn't care, because what I had was a clear statement of fact in the disclosure about the re-cert date and my due dilligence from the OPP said 24 months. He said that the officer was an instructor, to which I said it did not matter, as the OPP policy does not differentiate - just notes "anyone in uniform" using the SDD.. He said nothing.

Anyways, back to trial in Dec.


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Re: Links to AI-013
PostPosted: Thu Sep 12, 2013 8:10 pm 
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Also, follow up question ...

Would there be any usefulness in asking for disclosure on the Officers Injury (nature) or when/why the detachment would have notified the Prosecutor or the court about his inability to make it to court?

Thanks


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Re: Links to AI-013
PostPosted: Thu Sep 12, 2013 9:09 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
No.

You have already won this.

Just show up and plead not guilty.

If they let you get that far.

THEN WAIT to be told you are free to go.

Cheers
Viper1

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use at your own risk"


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Re: Links to AI-013
PostPosted: Fri Oct 25, 2013 3:16 pm 
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Joined: Tue Jan 10, 2012 5:16 pm
Posts: 41
On my trial the officer said he never read the manual and he doesn't know what is in it except the testing page :)
The Judge accepted it as normal.


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