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Ontario Highway Traffic Act

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Pacing
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PostPosted: Tue Nov 17, 2009 12:27 pm 
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Is there anyway to argue the use of pacing in court ? Can you request to see recent speedometer calibrations ? Also, can radar be used from a car that is following a vehicle ? I always thought it had to be from approaching traffic. I guess technology has probably developed so that this is possible....same concept, different calculation to determine time differential ?


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PostPosted: Wed Nov 18, 2009 4:57 am 
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Not sure about pacing. You can, of course, ask for speedometer calibration records in disclosure, and, if performed too long ago, argue that it might be incorrect.

Radar can be used for both oncoming and same direction traffic.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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PostPosted: Thu Dec 03, 2009 9:41 pm 
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I beat a pacing ticket my wife got. The trial was earlier today.

My defence was that the officer did not test the speedo on the day the PON was issued.

My line of questioning was like this (paraphrased):

Me: Have you ever used radar or lidar in your duties as a traffic enforcement officer?

(Prosecution objected - this case does not involve radar or lidar)
(I said - I have a point I am getting to, I am drawing a comparison.)
(JP allowed me to continue).

Him: Yes, and I am an instructor for other officers on radar and lidar.

Me: Tell me, what do you do before using a radar or lidar?

Him: I test it.

Me: Why do you do that?

Him: To make sure it works.

Me: Why did you not then test your speedometer, if that was the instrument you used to lay the charge?

Him: It comes calibrated from the factory when the car is built. And we do sometimes test it against radar or lidar.

Me: But you didn't test it on the day in question did you?

Him: I don't recall.

Me: You made no record of any testing in your notes did you?

Him: No.

Me: Do you have the certificate of calibration for the speedometer?

Him: No.

Me: Have you even seen this certificate personally?

Him: No.

Me: So, then how can you say that the speedometer was reliable?

Him: It appeared to be working normally.

Me: But you didn't test it. Right?


....


And around and around we went. He was very evasive in his answers, and I had to persist for a while before the JP told him to smarten up, and just answer the questions.

- PbFoot


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PostPosted: Thu Dec 03, 2009 10:46 pm 
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i pace quite often to avoid radar detectors, does not matter what cruiser I'm in, speedo is always good to go as it's always checked at least twice a day!

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Fri Dec 04, 2009 7:20 am 
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Location: somewhere in traffic
hwybear wrote:
i pace quite often to avoid radar detectors, does not matter what cruiser I'm in, speedo is always good to go as it's always checked at least twice a day!


Is the speedo checked after a summer to winter tire change???

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PostPosted: Sat Dec 05, 2009 12:08 am 
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Reflections wrote:
hwybear wrote:
i pace quite often to avoid radar detectors, does not matter what cruiser I'm in, speedo is always good to go as it's always checked at least twice a day!


Is the speedo checked after a summer to winter tire change???


does not make a difference.......speedo is checked 2 plus times each SHIFT.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sat Dec 05, 2009 8:49 am 
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Location: somewhere in traffic
hwybear wrote:
Reflections wrote:
hwybear wrote:
i pace quite often to avoid radar detectors, does not matter what cruiser I'm in, speedo is always good to go as it's always checked at least twice a day!


Is the speedo checked after a summer to winter tire change???


does not make a difference.......speedo is checked 2 plus times each SHIFT.


You might check it twice and have documentation to prove it. But not every officer does.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Sat Dec 05, 2009 9:06 am 
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Location: In YOUR rearview mirror!
Reflections wrote:
hwybear wrote:
Reflections wrote:
hwybear wrote:
i pace quite often to avoid radar detectors, does not matter what cruiser I'm in, speedo is always good to go as it's always checked at least twice a day!


Is the speedo checked after a summer to winter tire change???


does not make a difference.......speedo is checked 2 plus times each SHIFT.


You might check it twice and have documentation to prove it. But not every officer does.


yes they do...at least in my office. and it is a minimum of twice a shift!

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sat Dec 05, 2009 2:14 pm 
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Well the OPP officer that ticketed my wife clearly did not do it even once that day. Skill, attitude and diligence varies greatly from police force to police force, and even from cop to cop.

- PbFoot


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PostPosted: Sun Dec 06, 2009 1:18 pm 
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Location: In YOUR rearview mirror!
since some are probably wondering how we check the speedometer at least my office....we have a radar in every car......part of testing requirement for radar is to compare to your speedometer. Testing is twice a day minimum.

If it is a car without radar, we would drive at a set speed (u/k speed to radar/lidar operator) and have them tell us what we were travelling.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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