Search found 1367 matches

I would suggest you go to http://www.canlii.org/en/on/ .............. and research those cases...... also do a search as to what the crown DOES need to prove

That is called first attendence and usually you can request it when you get your trial notice. I believe you can call the local court and request it, but i could be wrong on that. You can always talk to the crown right before the trial as well.

You may be best to get professional representation on this. You could help him by translating for the paralegal and it may be in his best interest to get a court appointed translator.

Sounds like an overzealous parking enforcement officer. Check the local by-laws regarding parking lots.... If you find nothing about the infraction you were charged with, you are home free. Just my opinion.

Request first attendance and see what the crown is willing to do.... and go from there. If the crown is willing to drop a touch more you would be good. Still just my opinion thou........ If you don't like the deal then you can still go to trial.

You cannot have testimony reversed in an appeal. The appeal process is for finding fault in how the law was applied. You would have to figure out how to word your appeal accordingly. As far as your speeding ticket, that fine amount is wrong. There are other posts here on how to deal with that.

If X-copper can get one of the 2 moving violations tossed and or lowered then the $508 would be worth it. Otherwise you'd be slapped with full points and your insurance would definitely go up. That's just my opinion and you're still welcome to shop around. Good luck.

More information please............

I love that video.............. idiocy at it's best. Funny thing is, if you are not sure where the lines are, why oh why would you just drive? 4-series highways you always seem to lose a lane, here they added one!

File form 4F = time delay. Was your trial date more then 11 months from the date of offence? And it needs to be filed 15 days before the trial.

The adjournment is credited to the Crown, not you, so your next date, is it more then 11 months from the offence date? If it is, file the 4F 15 days prior.
As far as:
5. the defendant did not receive ...

It's still your word against his......... and that amounts to exactly squadooche.

You have to remember that these units are basically purpose built computers, nothing more nothing less. From what I have read about lidar is that the beam is "split" when it leaves the gun. This gives it the start of flight signal, which is a very precise point to measure from. I am under the suspicion that with radar, it's not time of flight but ...

As I am trying to make an arguement and having trouble finding the relevent documentation, I have decided to paste the links to Canlii here, for future reference.

http://www.canlii.org/en/on/onca/doc/20 ... ca206.html <<<R. v. Raham, 2010 ONCA 206, S.172 OHTA, Absolute vs. Strict Liability

you can represent her, you cannot ask for a fee thou, but it would be best if she was there too. as far as documents, you will want to file for disclosure, you can do this at the court address listed on the ticket, or by fax and registered mail. unfortunately, your girlfriend's lack of recollection of the events is not helping the case. file for ...

OPS Copper wrote:Plus you were given a break as good if not better than court. The Cop did not charge you for 31 over.

OPS

Was that break due to screaming kids, or the nagging wife? Just wondering?

I think we need to remember that the standard of proof in court is LESS than certainty; it's only "proof beyond a reasonable doubt".

In a nutshell, that's what I was saying.

I agree with your arguement, but the question remains: Why not provide the proof? If all the documentation is available, why not produce it? Would a simple computer screen ...

viper: the gun is effected by cosine law, same as traffic radar..... same goes for hardest shot in hockey, shoot at the gun directly = more accurate reading

Anywho, the transparentcy of the "entire" testing and calibration process could be improved and thus the "fishing" expeditions would end.

Well, Bear said it over there in another thread, the FCC/IC is in the manual............ why would the Crown not simply produce the manual, hell have the officer bring them into the courtroom. From what I see in the devices I use, the calibration sets forth a "few" calculations on which the entire measurement process is based. We have yet to see a ...

Damn Radar, you made me open the full editor, :D .

My full 2 cents, Ahem:

1. Any measuring device for trade is calibrated regularly by an external reference be it scales or pumps etc.
2. Machines used to assemble certain products, i.e. automobiles, also get regular calibrations.
3. These items may or may not have a self-calibration/confidence ...

Bear is ROTFL somewhere

You should still get disclosure but your 11b arguement is out the window.

you certain;y are well read Watcher........ keep up the references and some day you may be a moderator!

"I still think that the units should be held to the same standard that industry is held to. Personally, my opinion is that these devices should be governed by the Weights and Measurements Act. Why they're not is beyond me."

That would cost money........

This information is very very readily available,
- Industry Canada standard is printed in the radar manual


It may be on some manuals but definitely not on all... I have a Decatur Genesis-VP manual in front of me and while it has a nice FCC certification note in it, but there is nothing referring to Industry Canada certification.


The court is ...

If you would like to prove that your tires are in good repair, take some pictures now and save them for trial. Just about any paralegal could win this outright, I think you too could win it outright with a little knowledge. Hire the paralegal thou.

you were reported, nothing else. I wouldn't worry about this, if your plate has been "tagged" and an officer happens to notice you driving around, like you said, quite reasonably, then your "tag" will get removed from the system................... take it for what it is, an impatient driver who tried to use the system against you....

hwybear wrote:This information is very very readily available,
- Industry Canada standard is printed in the radar manual
- All calibration certificates are kept on file for each individual radar unit

So there is more to the offence being withdrawn than this request in the disclosure

Are you saying the ducks are not in a row?

Do yourself a favour and drop by in person...... rids you of the address problem

I agree with Stanton in this case, and might i say well worded sir!