Search found 726 matches

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: 3636

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: 15728

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: 5997

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: 15728

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: 8321

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: 15728

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: 2079

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: 2079

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: 15728

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: 15728

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: 2656

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: 3887

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: 3887

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: 5738

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: 3887

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 ...