Search found 726 matches

by Decatur
Sat Sep 01, 2012 7:40 pm
Forum: General Talk
Topic: Feel Like the proper procedure wasn't followed, need opinion
Replies: 5
Views: 2801

Re: Feel Like the proper procedure wasn't followed, need opi

Your first step is to get the permission of the charged person to even take this to court. Without that, there's nothing that you can do.
by Decatur
Sat Sep 01, 2012 2:18 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

AI-013 is a Provincial Standard. It's the same for all agencies in Ontario. You just have to find the current one.
by Decatur
Fri Aug 31, 2012 9:25 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

I just had a quick look through the NHTSA standard and I couldn't find anything that indicates that tuning forks must be included and used in operator testing.
The only thing I saw was that when a manufacturer submits a device for testing it must be accompanied by them.
by Decatur
Fri Aug 31, 2012 9:00 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

1. Haven't used tuning forks for years and I certainly don't miss them. Check case law on "tuning forks."
2. I say "most" because I don't know anyone elses practices or training programs. It would be rather arrogant of me to assume that we are all perfect. More than reading the manual is required in Ontario. Again.... caselaw.....
3.a There is no ...
by Decatur
Fri Aug 31, 2012 2:14 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

Police speed measuring devices will not pick up the vibration of a bridge or railway line.

Some interference from electronic devices may occur if you point the speed measuring device directly at them. It's simply a matter of moving the device.

Modern police speed measuring devices internally eliminate electromagnetic interference (EMI) and are ...
by Decatur
Fri Aug 31, 2012 9:57 am
Forum: General Talk
Topic: Entrapment
Replies: 7
Views: 3317

Re: Entrapment

Do a forum search on entrapment. I believe this was covered in a prior post.
by Decatur
Thu Aug 30, 2012 7:53 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

"Any object, bridge, railway line, powerlines will cause interference and doubt the readings." Not true. Some of these MAY cause interference under some circumstances. However, interference is not additive to the reading it just cuts down on the range at which the officer may pick up the vehicle. I've never seen a stationary object like a bridge or ...
by Decatur
Thu Aug 30, 2012 4:44 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

You may want to do a search on Tuning Forks on the Canlii website. There are numerous cases including appeals which hold up the testing procedures used here in Ontario. I woudn't say that the Ontario versions are "stripped down" at all. They never even come with tuning forks. The bottom line when it comes to most radar is that if the officer does ...
by Decatur
Sun Aug 26, 2012 11:29 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

I wouldn`t get too caught up in the NHTSA Specifications. They are simply what is used to produce the IACP (International Association of Chiefs of Police) Conforming Product List. The IACP produces a list of both LIDAR and speed measuring devices that are in compliance with those specifications. These lists are available online.
by Decatur
Tue Aug 21, 2012 7:09 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49km/h over with reduced speed
Replies: 3
Views: 2354

Re: 49km/h over with reduced speed

You can change your plea to guilty and pay the 49 over anytime up until the start of the trial. This is also the point at which the prosecutor may request that the speed be "amended up" Not quite sure how backlogged the courts in Ottawa are for a traial date though. Have you considerd what to do if they give you a date before November 27?
by Decatur
Mon Aug 20, 2012 9:43 pm
Forum: General Talk
Topic: $200 cellphone while driving fine overturned
Replies: 1
Views: 1644

Re: $200 cellphone while driving fine overturned

Are they ever slow on the news. That case is from June.
by Decatur
Fri Aug 17, 2012 2:51 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

It's likely that any device purchased in Canada for speed measurement has conformed to IC standards or they wouldn't be allowed in the country to begin with. I wouldn't spend too much time on this.
by Decatur
Thu Aug 16, 2012 5:39 pm
Forum: General Talk
Topic: b.a.c above zero novice driver
Replies: 9
Views: 6324

Re: b.a.c above zero novice driver

The only way to avoid the suspension is to be found not guilty.
by Decatur
Thu Aug 16, 2012 4:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 35 over notice of trial mistakes/ disclousure request
Replies: 8
Views: 3939

Re: 35 over notice of trial mistakes/ disclousure request

Not likely. All they have to do is look at the original offence notice and even if there is a clerical error and the officer isn't in court, the prosecution will likely request and adjournment.
by Decatur
Thu Aug 16, 2012 4:47 pm
Forum: General Talk
Topic: b.a.c above zero novice driver
Replies: 9
Views: 6324

Re: b.a.c above zero novice driver

The 24 hr suspension is an automaitic roadside suspension. If you are convicted of the novice driver b.a.c above zero, you will be suspended by the MTO for a further 30 days.
I'm surprised that the officer let you off with the provincial offences if you blew a fail.
by Decatur
Thu Aug 16, 2012 11:25 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 35 over notice of trial mistakes/ disclousure request
Replies: 8
Views: 3939

Re: 35 over notice of trial mistakes/ disclousure request

The Notice of Trial is not a charging document and any errors are not fatal to the charge. These documents are typed up by court staff well after the fact and well known to have minor errors.
by Decatur
Thu Aug 16, 2012 10:59 am
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

You're not likely to get a certificate of conformance/compliance from the police. I've never seen on included ith a new radar or lidar. The only documents usually included are a copy of the manual, warranty information and the original certificate of calibration. You may have to try Industry Canada for this.
As for an FOI request, you have to go to ...
by Decatur
Thu Aug 16, 2012 8:56 am
Forum: General Talk
Topic: b.a.c above zero novice driver
Replies: 9
Views: 6324

Re: b.a.c above zero novice driver

According to your original post, you said you failed the "breathalyzer". I assume you meant the roadside test. Normally you would have been taken to the police station for a breathalyzer test after that and if you failed, you would now be facing a Criminal charge. That's how you got off easy.
by Decatur
Wed Aug 15, 2012 8:24 am
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

I grabbed the wrong binder and am not back in until Thursday. In the mean time, try http://www.canlii.org/en/ Do a search on radar training. Just be aware that some of the decisions listed many be from lower courts and are not binding on others.
I'll try to grab it on Thursday.
by Decatur
Fri Aug 10, 2012 7:04 pm
Forum: Parking Tickets
Topic: Fire Routes - Private Property
Replies: 6
Views: 8862

Re: Fire Routes - Private Property

Looks like the route also must be "designated" as well. Look for an Appendix to the by-law and it may be listed.
by Decatur
Fri Aug 10, 2012 7:02 pm
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

Those are two totally different documents. The last one is part of the Police Services Act and is an actual Provincial law. The first document is a "guidline" There is some case law that speaks to "training" I just can't seem to find it at the moment but will be able to access it tomorrow. Will repost at that time. You may have to use a Freedom of ...
by Decatur
Tue Aug 07, 2012 10:32 pm
Forum: General Talk
Topic: Commercial Vehicle threat to be towed
Replies: 4
Views: 2319

Re: Commercial Vehicle threat to be towed

You're in a bit of a catch-22 situation. Under the HTA you have to have the name of the owner on a commercial vehicle, so if you take it off you violate the HTA section 103(1). If you leave it on, you could get towed. Magnetic logo for the side of the truck?
The bylaw looks like it allows trucks, just not ones used for commercial purposes.
Looks ...
by Decatur
Tue Aug 07, 2012 3:55 pm
Forum: General Talk
Topic: Commercial Vehicle threat to be towed
Replies: 4
Views: 2319

Re: Commercial Vehicle threat to be towed

A co-op housing parking lot is considered private property and would be covererd by their own policies and by-laws of the co-op. They can pretty much tow any motor vehicle that violates these by-laws. Local police or by-law enforcement would not normally be involved in the process. It sounds like your truck does fit into the HTA definition of ...
by Decatur
Tue Aug 07, 2012 9:23 am
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

That document has been replaced in 2011 by an updated version and is no longer in force. Those guidelines are also exactly that. Guides. They hold no force in law. If you read them, they use words like "should" and "may". As for the officers training, ask them on the stand when he/she was originally trained and the last requal date. Problem solved.
by Decatur
Fri Aug 03, 2012 10:50 am
Forum: General Talk
Topic: Prosecution refused disclosure for speeding charge.
Replies: 55
Views: 17430

Re: Prosecution refused disclosure for speeding charge.

It has been changed already to "at least every 36 months"
by Decatur
Wed Aug 01, 2012 8:15 am
Forum: Courts and Procedure
Topic: officer death in the family
Replies: 6
Views: 2892

Re: officer death in the family

You're not going to get a copy of the manual as part of dislosure, nor training records of the officer. The most you'll get is a copy of the tesing procedure for the radar that was used. Some jurisdictions will allow you to view the manual and you can make notes at that time.
If you insist on getting all of the disclosure you are asking for, you ...
by Decatur
Thu Jul 26, 2012 8:56 pm
Forum: General Talk
Topic: Genesis Handheld Directional or Genesis VP Directional?
Replies: 5
Views: 4052

Re: Genesis Handheld Directional or Genesis VP Directional?

I don't belive the units in Canada and the US are different, other than the unit of measure. The major difference is in the testing procedure for the radar. We don't us tuning forks as part of the test. The only way to really tell the difference would be to compare two units and two manuals. I've never seen a current US manual nor a US radar. They ...
by Decatur
Tue Jul 24, 2012 5:54 pm
Forum: General Talk
Topic: Genesis Handheld Directional or Genesis VP Directional?
Replies: 5
Views: 4052

Re: Genesis Handheld Directional or Genesis VP Directional?

Interference can come from many sources including the fan. This interference does not affect the accuracy of the radar, nor is any reading additive to the target speed. The range at which targets may be picked up may be reduced. This wouldnt normally occur if the radar is pointed out a side window.
If they have and are using a GHD/Scout they should ...
by Decatur
Mon Jul 23, 2012 9:29 am
Forum: Motor vehicle equipped with or carrying a speed measuring warning device
Topic: Radar detector offense
Replies: 7
Views: 6090

Re: Radar detector offense

They don't simply "hand over" disclosure. Choose option 3 on the ticket and when you get a notice of trial, request it from the prosecutor. See the section on Ontario Traffic ticket help articles.
by Decatur
Mon Jul 23, 2012 9:17 am
Forum: General Talk
Topic: Genesis Handheld Directional or Genesis VP Directional?
Replies: 5
Views: 4052

Re: Genesis Handheld Directional or Genesis VP Directional?

These are not the same unit, however they function in the same basic manner. The VPD is battery powered and the GHD is plugged in to a 12v outlet. The VPD is no longer manufactured and has been replaced in the Decatur line by the Scout. The main reason they no longer make the VPD is that it uses the Black and Decker Versapak batteries and they ...