The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits). I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a tiny vintage sportscar, the following vehicle was a 4x4 pickup). I drive 30-40,000km a year on this highway and know what I can get away with, I was going 103-105, and had he actually locked on me the most he would have gotten would have been 101-103 due to cosine error from a hill and curve. Just below the "real" limit of somewhere around 105 (in this particular area their tolerance is very low, it can be less than that, and rightly so, it's also one of the best places to hit a moose....). I verify my speed with a GPS speed readout at all times and would like to maintain my clean record for insurance purposes. Also, being wrongly accused just bugs the hell out of me. I am 100% certain the radar locked on the larger, faster, vehicle behind me, and the officer automatically attributed the reading to me, but obviously failed to visually confirm my speed. He failed to consider the possibility that the nearest target was not necessarily the strongest target. My question - how much does a visual confirmation of a vehicles speed factor into the burden of proof? Is it required by law that there is a visual confirmation of the speed? Before, or after, the "lock"? Since I was not going 121, there's no way I could look like I was going 121. At no time during the stop did the officer mention that I "looked" to be going that fast. When I objected to his reading he said he wasn't going to argue with me. He also said later if I wanted to come to court to talk about it I could. I am thinking of taking him up on his offer, casting doubt on the accuracy of his choice of target, not the accuracy of the radar itself (which in my opinion is a waste of time). I understand the court process well enough to know that this would hinge entirely on my cross examination, looking for advice on the possibility of a positive outcome? Thanks in advance!
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a tiny vintage sportscar, the following vehicle was a 4x4 pickup). I drive 30-40,000km a year on this highway and know what I can get away with, I was going 103-105, and had he actually locked on me the most he would have gotten would have been 101-103 due to cosine error from a hill and curve. Just below the "real" limit of somewhere around 105 (in this particular area their tolerance is very low, it can be less than that, and rightly so, it's also one of the best places to hit a moose....). I verify my speed with a GPS speed readout at all times and would like to maintain my clean record for insurance purposes. Also, being wrongly accused just bugs the hell out of me.
I am 100% certain the radar locked on the larger, faster, vehicle behind me, and the officer automatically attributed the reading to me, but obviously failed to visually confirm my speed. He failed to consider the possibility that the nearest target was not necessarily the strongest target.
My question - how much does a visual confirmation of a vehicles speed factor into the burden of proof? Is it required by law that there is a visual confirmation of the speed? Before, or after, the "lock"? Since I was not going 121, there's no way I could look like I was going 121.
At no time during the stop did the officer mention that I "looked" to be going that fast. When I objected to his reading he said he wasn't going to argue with me. He also said later if I wanted to come to court to talk about it I could.
I am thinking of taking him up on his offer, casting doubt on the accuracy of his choice of target, not the accuracy of the radar itself (which in my opinion is a waste of time).
I understand the court process well enough to know that this would hinge entirely on my cross examination, looking for advice on the possibility of a positive outcome?
I would plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your notice of trial you can request disclosure (copy of notes of all officers involved, copy of the manual for the speed measuring device, any audio/video). What's in the officers notes is basically what they will testify on the stand so we need to see what it says. And also need to know what kind of speed measuring device it was and need the manual as well to see if they complied with it. Usually the officer will make a comment in their notes along the lines of "observed vehicle at a high rate of speed" and this is sufficicent (and may not even be necessary). In the old Decatur manuals (2010 and earlier) there was a requirement to "visually estimate the speed" but this requirement was removed along with the requirement to test radar with tuning forks. Remember if you take it all the way to trial, and the officers notes mention that he got you going 121 as opposed to 119 then, once the trial starts, the prosecutor will ask for it to be amended back up to the 121 in a 90. So if you lose you will end up with a 31 over charge which is MAJOR for insurance purposes as opposed to 29 over which is a MINOR charge for insurance purposes. Yes, the only way you can really win is to cast reasonable doubt on the officers testimony during cross examination. The problem is whether the officer will admit that there was another vehicle or not. If the officer says there was not another vehicle, then you are toast. If the officer says they do not remember, then you can use the "so it's possible there was another vehicle behind me" question. The other area you would attack in cross examination is officers understanding of how radar works from perspective of distances/ranges/target sizes. Now the other problem you have is that you can not testify or give your side of the story because if you take the stand they will ask "But you were speeding?" and you will say "Yes but not 121" and the JP will say "it's an absolute liability offence and you admitted to speeding so you are guilty!" So in this case you should NOT take the witness stand and you should NOT testify and you should NOT answer any questions that they ask you. This unfortunately makes your case harder because you do not have the ability to testify that there was another vehicle coming up behind you. The only tool you have is cross examination of the officer. Anyways, get disclosure and post it here so we can look it over. Can you post a copy of your ticket as well (with personal info blacked out)?
I would plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your notice of trial you can request disclosure (copy of notes of all officers involved, copy of the manual for the speed measuring device, any audio/video). What's in the officers notes is basically what they will testify on the stand so we need to see what it says. And also need to know what kind of speed measuring device it was and need the manual as well to see if they complied with it.
Usually the officer will make a comment in their notes along the lines of "observed vehicle at a high rate of speed" and this is sufficicent (and may not even be necessary). In the old Decatur manuals (2010 and earlier) there was a requirement to "visually estimate the speed" but this requirement was removed along with the requirement to test radar with tuning forks.
Remember if you take it all the way to trial, and the officers notes mention that he got you going 121 as opposed to 119 then, once the trial starts, the prosecutor will ask for it to be amended back up to the 121 in a 90. So if you lose you will end up with a 31 over charge which is MAJOR for insurance purposes as opposed to 29 over which is a MINOR charge for insurance purposes.
Yes, the only way you can really win is to cast reasonable doubt on the officers testimony during cross examination. The problem is whether the officer will admit that there was another vehicle or not. If the officer says there was not another vehicle, then you are toast. If the officer says they do not remember, then you can use the "so it's possible there was another vehicle behind me" question. The other area you would attack in cross examination is officers understanding of how radar works from perspective of distances/ranges/target sizes.
Now the other problem you have is that you can not testify or give your side of the story because if you take the stand they will ask "But you were speeding?" and you will say "Yes but not 121" and the JP will say "it's an absolute liability offence and you admitted to speeding so you are guilty!" So in this case you should NOT take the witness stand and you should NOT testify and you should NOT answer any questions that they ask you. This unfortunately makes your case harder because you do not have the ability to testify that there was another vehicle coming up behind you. The only tool you have is cross examination of the officer.
Anyways, get disclosure and post it here so we can look it over. Can you post a copy of your ticket as well (with personal info blacked out)?
I give up..... there's just too much chance for things to go in their favor on this. If I start looking at the probability of a win, I probably have a 1 in 10 chance of fighting this, and a 9 in 10 chance of getting the MAJOR violation on my insurance record. Not worth it. I've decided to pay the fine and get on with my life. I will just continue to keep my nose clean and hope the rest of the OPP I encounter are better at their jobs than this guy. HOWEVER..... I went to pay the ticket online today at paytickets.ca and got an "offence not found" notice. How long does it usually take for the ticket to get filed? Is there a way of finding out when the officer filed the ticket? You would think it would show up within 6 or 7 days?
I give up..... there's just too much chance for things to go in their favor on this. If I start looking at the probability of a win, I probably have a 1 in 10 chance of fighting this, and a 9 in 10 chance of getting the MAJOR violation on my insurance record. Not worth it.
I've decided to pay the fine and get on with my life. I will just continue to keep my nose clean and hope the rest of the OPP I encounter are better at their jobs than this guy.
HOWEVER..... I went to pay the ticket online today at paytickets.ca and got an "offence not found" notice. How long does it usually take for the ticket to get filed? Is there a way of finding out when the officer filed the ticket? You would think it would show up within 6 or 7 days?
I believe that the below is correct "Getting a speeding ticket means your insurance rates will go up. Yes that is true. All minor speeding tickets (up to 50 km/h over the speed limit) will affect your insurance rates. A major speeding ticket (more than 50 km/h over the speed limit) may result in your insurance being cancelled at your renewal."
I believe that the below is correct
"Getting a speeding ticket means your insurance rates will go up.
Yes that is true. All minor speeding tickets (up to 50 km/h over the speed limit) will affect your insurance rates.
A major speeding ticket (more than 50 km/h over the speed limit) may result in your insurance being cancelled at your renewal."
jsherk wrote:
Remember if you take it all the way to trial, and the officers notes mention that he got you going 121 as opposed to 119 then, once the trial starts, the prosecutor will ask for it to be amended back up to the 121 in a 90. So if you lose you will end up with a 31 over charge which is MAJOR for insurance purposes as opposed to 29 over which is a MINOR charge for insurance purposes.
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
You really need to check with your insurance provider to see what they classify as a major versus minor speeding ticket. Most in my experience consider anything under 50 over as a minor offence, whereas some apparently set a lower threshold.
You really need to check with your insurance provider to see what they classify as a major versus minor speeding ticket. Most in my experience consider anything under 50 over as a minor offence, whereas some apparently set a lower threshold.
see my response, dont think either speed is a major but speeds are a minor and all the insurance are concerned are with a CONVICTION, whether major or minor, 2 minor convictions are just as bad as 2 major's AFAIK can you not go to early resolution and plead, if your NOT going to fight it, might as well do that, you DONT loose anything At an Early Resolution, the worse that they can say is no dice !
see my response, dont think either speed is a major but speeds are a minor
and all the insurance are concerned are with a CONVICTION, whether major or minor,
2 minor convictions are just as bad as 2 major's AFAIK
can you not go to early resolution and plead, if your NOT going to fight it, might as well do that, you DONT loose anything
At an Early Resolution, the worse that they can say is no dice !
Jonny042 wrote:
I give up..... there's just too much chance for things to go in their favor on this. If I start looking at the probability of a win, I probably have a 1 in 10 chance of fighting this, and a 9 in 10 chance of getting the MAJOR violation on my insurance record. Not worth it.
I've decided to pay the fine and get on with my life. I will just continue to keep my nose clean and hope the rest of the OPP I encounter are better at their jobs than this guy.
HOWEVER..... I went to pay the ticket online today at paytickets.ca and got an "offence not found" notice. How long does it usually take for the ticket to get filed? Is there a way of finding out when the officer filed the ticket? You would think it would show up within 6 or 7 days?
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Yes on the back of the ticket it will have 3 options, I believe option 3 is early resolution, basically, you are confirming you are guilty and want to plead a lower fine. they won't be interested in any real explanations, although they may ask, speeding is either you where or where not, (I can't remember the bands) but say, you have 10-20 over, 20-30 over , 30-49over and you where in the 20-30, they may offer you 10-20 over, which is a lower fine and less demerit points, but remember as far as insurance are concerned they are not worried about points, only that you have OR HAVE NOT got a conviction. I went through this process They asked me why I was speeding, I gave them what I thought was a good reason--- PFFFT :( no reason is good enough, but they gave me a lower fine HTH
Yes on the back of the ticket it will have 3 options, I believe option 3 is early resolution,
basically, you are confirming you are guilty and want to plead a lower fine.
they won't be interested in any real explanations, although they may ask,
speeding is either you where or where not,
(I can't remember the bands) but say, you have
10-20 over, 20-30 over , 30-49over
and you where in the 20-30, they may offer you 10-20 over, which is a lower fine and less demerit points,
but remember as far as insurance are concerned they are not worried about points, only that you have OR HAVE NOT got a conviction.
I went through this process
They asked me why I was speeding, I gave them what I thought was a good reason--- PFFFT
no reason is good enough, but they gave me a lower fine
HTH
Jonny042 wrote:
I haven't seen much info about early resolution. Do they send you contact info etc. Once you choose #3 option?
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
It may take a few weeks before ticket is available online to pay. But remember that they can only raise the speed back up to 121 at the actual trial itself (once the trial starts), not before. So it is still in your best interest to plead NOT GUILTY and request the trial with the officer present, and then request disclosure. You can always just not go to the trial, or pay it before the trial date, but you should get disclosure before you decide what to do. What if the officer spilled coffee on his notes that day? No notes means officer has no testimony!
It may take a few weeks before ticket is available online to pay.
But remember that they can only raise the speed back up to 121 at the actual trial itself (once the trial starts), not before.
So it is still in your best interest to plead NOT GUILTY and request the trial with the officer present, and then request disclosure. You can always just not go to the trial, or pay it before the trial date, but you should get disclosure before you decide what to do. What if the officer spilled coffee on his notes that day? No notes means officer has no testimony!
#3 it is. At least I have some chance of a positive outcome rather than 100% gaurantee that I am deemed guilty by handing them a win on a sliver platter!!! I have about a million questions, though..... but lets start with a few: - does the officer need to prove independent visual reference of speed as part of burden of proof, or not? If all he has to say is "I clocked the defendant at 121", and that satisfies the burden of proof beyond a reasonable doubt, then I would ask, what kind of kangaroo court is this? - if all the officer has to do is "not recall" if there was a following vehicle, then I "am toast"...... since it's so convenient for him to forget this, the chances of him actually putting this in his notes are ZERO? Is it perjury to say you "don't recall" even if you do? - I'm having difficulty understanding the chain of custody of the notes. If they are considered evidence, are they filed at the end of each shift? Who controls them after that point? Who controls them after you request disclosure? What is to prevent them from re-writing them in incredible detail and submitting those for disclosure? If you ask for notes on testing of the radar unit, what is to prevent them from adding them? Who copies the notes and sends them? - I'm also having trouble understanding the role of the notes and the testimony of the officer. Can he add details during testimony and cross examination that are not in the notes? That would render the notes useless as evidence, since omission from the notes wouldn't matter - ie/ if you ask what colour of car he "clocked" and it's not in his notes, but he's looked it up on the computer the morning before the trial, it's admissible because it's his independant recollection? - I'm really only getting started on this for instance, what ensures that the JP, Officer, and Prosecutor aren't buddies and in cahoots? In a town of 3000 people, the chances of 3 men between the ages of 30 and 50, playing on the same hockey/softball/etc team, curling club, golf club etc. are pretty good not to mention they all work in the same office with probably fewer than 20 employees? And see each other in court all the time.... Sorry that might be coming off as a bit of a rant. I am sure you can understand my frustration at this. Thanks for all the replies!
#3 it is. At least I have some chance of a positive outcome rather than 100% gaurantee that I am deemed guilty by handing them a win on a sliver platter!!!
I have about a million questions, though..... but lets start with a few:
- does the officer need to prove independent visual reference of speed as part of burden of proof, or not? If all he has to say is "I clocked the defendant at 121", and that satisfies the burden of proof beyond a reasonable doubt, then I would ask, what kind of kangaroo court is this?
- if all the officer has to do is "not recall" if there was a following vehicle, then I "am toast"...... since it's so convenient for him to forget this, the chances of him actually putting this in his notes are ZERO? Is it perjury to say you "don't recall" even if you do?
- I'm having difficulty understanding the chain of custody of the notes. If they are considered evidence, are they filed at the end of each shift? Who controls them after that point? Who controls them after you request disclosure? What is to prevent them from re-writing them in incredible detail and submitting those for disclosure? If you ask for notes on testing of the radar unit, what is to prevent them from adding them? Who copies the notes and sends them?
- I'm also having trouble understanding the role of the notes and the testimony of the officer. Can he add details during testimony and cross examination that are not in the notes? That would render the notes useless as evidence, since omission from the notes wouldn't matter - ie/ if you ask what colour of car he "clocked" and it's not in his notes, but he's looked it up on the computer the morning before the trial, it's admissible because it's his independant recollection?
- I'm really only getting started on this for instance, what ensures that the JP, Officer, and Prosecutor aren't buddies and in cahoots? In a town of 3000 people, the chances of 3 men between the ages of 30 and 50, playing on the same hockey/softball/etc team, curling club, golf club etc. are pretty good not to mention they all work in the same office with probably fewer than 20 employees? And see each other in court all the time....
Sorry that might be coming off as a bit of a rant. I am sure you can understand my frustration at this.
- Officer does NOT need to prove independent visual reference of the speed. This kangaroo court is our great Canadian un-justice system at work! - Until you get officers notes, you do not know what they put in them. But I would agree that the chances of him actually putting it in his notes are about zero. All he needs to put in his notes are the elements to prove you guilty. (1) Identified driver (2) They were driving a vehicle as defined in HTA (3) They were driving on a highway as defined in HTA (4) They were speeding above posted speed per speed measuring device (or pacing or whatever). If you lie on the stand then that is perjury, so saying you "do not recall" when you in fact do recall would be considered perjury... but you need to be able to PROVE that somebody lied on the stand to get them charged with perjury. - That is a good question about chain of custody of notes. I don't have answer, but maybe somebody else can chime in. I would like to think that a police officer would never "re-write" their notes or add anything to them, but again how could you prove it if they did? The reality is that most police officers would not do that, but I am sure that there are some that would. A few bad apples spoils the whole bunch! What a police can do though, is add to their notes at a future date/time as long as they note the new date/time that they are adding to their notes. The police officer themselves copies the notes and sends them to prosecutor who then sends them to you. - Yes he can add details during testimony that are not in his notes, but these are good points to bring up in cross-exmination. "You said XYZ but that is not in your notes?" It helps bring a little doubt to the officers testimony if it is not in their notes and you point that out. The officer is supposed to have independent recollection of the events, so asking lots of questions that are not in the notes (traffic, color of car, what was I wearing, number of occupants, weather, etc) could be good to add more doubt if the officer does not remember any of those things. - You have the right to a fair trial by a fair independent Judge/JP. The police, the prosecutor and the Judge/JP all work for the same boss. See first response above about "This kangaroo court is our great Canadian un-justice system at work!" You ask great questions, and the answer is to learn how to "play the game" yourself and stop handing them the win on a silver platter! If you haven't already, read this: http://www.ontariohighwaytrafficact.com/topic7039.html and this: http://www.ontariohighwaytrafficact.com/topic7032.html
- Officer does NOT need to prove independent visual reference of the speed. This kangaroo court is our great Canadian un-justice system at work!
- Until you get officers notes, you do not know what they put in them. But I would agree that the chances of him actually putting it in his notes are about zero. All he needs to put in his notes are the elements to prove you guilty. (1) Identified driver (2) They were driving a vehicle as defined in HTA (3) They were driving on a highway as defined in HTA (4) They were speeding above posted speed per speed measuring device (or pacing or whatever). If you lie on the stand then that is perjury, so saying you "do not recall" when you in fact do recall would be considered perjury... but you need to be able to PROVE that somebody lied on the stand to get them charged with perjury.
- That is a good question about chain of custody of notes. I don't have answer, but maybe somebody else can chime in. I would like to think that a police officer would never "re-write" their notes or add anything to them, but again how could you prove it if they did? The reality is that most police officers would not do that, but I am sure that there are some that would. A few bad apples spoils the whole bunch! What a police can do though, is add to their notes at a future date/time as long as they note the new date/time that they are adding to their notes. The police officer themselves copies the notes and sends them to prosecutor who then sends them to you.
- Yes he can add details during testimony that are not in his notes, but these are good points to bring up in cross-exmination. "You said XYZ but that is not in your notes?" It helps bring a little doubt to the officers testimony if it is not in their notes and you point that out. The officer is supposed to have independent recollection of the events, so asking lots of questions that are not in the notes (traffic, color of car, what was I wearing, number of occupants, weather, etc) could be good to add more doubt if the officer does not remember any of those things.
- You have the right to a fair trial by a fair independent Judge/JP. The police, the prosecutor and the Judge/JP all work for the same boss. See first response above about "This kangaroo court is our great Canadian un-justice system at work!"
You ask great questions, and the answer is to learn how to "play the game" yourself and stop handing them the win on a silver platter!
I really appreciate the advice... even if it is mostly discouraging..... of course, all your excellent answer just lead to more questions!!!: - when multiple vehicles ARE present, what burden of proof is there that the officer made a reasonable attempt to determine the strongest target? - if the radar unit was left in "faster" mode, it would actually have singled out the faster target ( the vehicle behind me) even if the return signal was weaker. Do the cops have to note what mode the radar unit is in? Can your summary and closing statements not act as a sort of testimony and be included in the proceedings towards creating reasonable doubt? Sorry for the brief reply, typing on my device... but not while driving!!!
I really appreciate the advice... even if it is mostly discouraging..... of course, all your excellent answer just lead to more questions!!!:
- when multiple vehicles ARE present, what burden of proof is there that the officer made a reasonable attempt to determine the strongest target?
- if the radar unit was left in "faster" mode, it would actually have singled out the faster target ( the vehicle behind me) even if the return signal was weaker. Do the cops have to note what mode the radar unit is in?
Can your summary and closing statements not act as a sort of testimony and be included in the proceedings towards creating reasonable doubt?
Sorry for the brief reply, typing on my device... but not while driving!!!
There is no burden of proof for the officer to prove they made a reasonable attempt to determine strongest target. Did they test unit per manufacturers instructions so it was functioning properly? Did they receive some kind of training within the last couple years? Did they say that you looked liked you were speeding? Did they say the device said you were speeding? That's all they need to say! The burden of proof is on you to somehow show some kind of reasonable doubt to what the officer said, which is done mostly thru cross examination questions and sometimes thru your own testimony. The officer does not have to note what mode it was in, but you can ask them. But if it is not in their notes, then this again (with some related questions) could add some more doubt to their answer. And you could ask them what the difference modes do or how they work, etc. So again whatever mode they say, you need to know how they work and some questions related to those modes. Your summary and closing statements is to point out all the issues that you brought up in cross examination and your testimony. You can not add any extra information or new details that were not brought up during the cross examination/testimony. But what you CAN do during summary/closing statements is bring in any case laws that support the points you are trying to make. So during the cross-examination let's say we have these hypothetically perfect responses: -Was the radar in FASTER mode? YES -And faster mode pickups the fastest moving vehicle? YES -But not necessarily the closest vehicle? CORRECT -Was there another larger vehicle following me? YES -So is it possible that the larger vehicle behind me, was going faster than I was? YES Then during closing statements you point this out by saying: - The officer testified the unit was in faster mode which picks up the fastest vehicle, but not necessarily the closest vehicle. The officer then testified that there was a larger vehicle behind me that could have been going faster than I was. This creates reasonable doubt as to whether it was my vehicle or the vehicle behind me that was actually speeding and therefore charge should be dropped. Again this was a hypothetically perfect situation above and with the answers you would like to get, but probably very unlikely that you will get all the answers the way you want.
There is no burden of proof for the officer to prove they made a reasonable attempt to determine strongest target. Did they test unit per manufacturers instructions so it was functioning properly? Did they receive some kind of training within the last couple years? Did they say that you looked liked you were speeding? Did they say the device said you were speeding? That's all they need to say! The burden of proof is on you to somehow show some kind of reasonable doubt to what the officer said, which is done mostly thru cross examination questions and sometimes thru your own testimony.
The officer does not have to note what mode it was in, but you can ask them. But if it is not in their notes, then this again (with some related questions) could add some more doubt to their answer. And you could ask them what the difference modes do or how they work, etc. So again whatever mode they say, you need to know how they work and some questions related to those modes.
Your summary and closing statements is to point out all the issues that you brought up in cross examination and your testimony. You can not add any extra information or new details that were not brought up during the cross examination/testimony. But what you CAN do during summary/closing statements is bring in any case laws that support the points you are trying to make.
So during the cross-examination let's say we have these hypothetically perfect responses:
-Was the radar in FASTER mode? YES
-And faster mode pickups the fastest moving vehicle? YES
-But not necessarily the closest vehicle? CORRECT
-Was there another larger vehicle following me? YES
-So is it possible that the larger vehicle behind me, was going faster than I was? YES
Then during closing statements you point this out by saying:
- The officer testified the unit was in faster mode which picks up the fastest vehicle, but not necessarily the closest vehicle. The officer then testified that there was a larger vehicle behind me that could have been going faster than I was. This creates reasonable doubt as to whether it was my vehicle or the vehicle behind me that was actually speeding and therefore charge should be dropped.
Again this was a hypothetically perfect situation above and with the answers you would like to get, but probably very unlikely that you will get all the answers the way you want.
That's certainly a hypothetically perfect scenario!! I am going to go for trial option 3 and at least ask for disclosure. There is also a trial option without requesting the officers presence, what good would that be? So, given enough time to prepare cross examination questions, the cross examination could take a while. Is there a time limit or can you just keep hammering away at various aspects until you are sure you've taken it far enough? Or will the JP just cut you off and say that's enough, time to wrap it up? Thanks again!!
That's certainly a hypothetically perfect scenario!!
I am going to go for trial option 3 and at least ask for disclosure. There is also a trial option without requesting the officers presence, what good would that be?
So, given enough time to prepare cross examination questions, the cross examination could take a while. Is there a time limit or can you just keep hammering away at various aspects until you are sure you've taken it far enough? Or will the JP just cut you off and say that's enough, time to wrap it up?
Asking for a trial without the officer is basically saying that you agree to everything the officer has in notes and that you do not want to cross examine him. Just a confusing option that should not be there in my opinion. There is no specific time limit, but the JP could tell you to move on to something else if he feels you are just going over the same point again and again.
Asking for a trial without the officer is basically saying that you agree to everything the officer has in notes and that you do not want to cross examine him. Just a confusing option that should not be there in my opinion.
There is no specific time limit, but the JP could tell you to move on to something else if he feels you are just going over the same point again and again.
I keep waffling back and forth on this, wether to fight it, or not. I've decided to go with a #3 (request trial) and at least review disclosure, before making up my mind. At least waste some of their time so the don't make any money off me!! I have a few other specific questions that may be better added to general discussion as new topics but I will also keep this thread alive as it relates to the case.
I keep waffling back and forth on this, wether to fight it, or not. I've decided to go with a #3 (request trial) and at least review disclosure, before making up my mind. At least waste some of their time so the don't make any money off me!!
I have a few other specific questions that may be better added to general discussion as new topics but I will also keep this thread alive as it relates to the case.
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…