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I just want to add that I completely disagree with absolute liability offences.

The Ministry and Police talk about safety and speeding together all the time, however when charged with speeding you are not given the opportunity to prove whether you were driving safely or causing some kind of danger to others. If I am driving on the 401 going 130km ...

The difference is that we are talking about an ABSOLUTE LIABILITY speeding offence... there is no acceptable reasons why you did it (unless your life was in danger). Either yes you were speeding or no you were not speeding. End of story.

Therefore any testimony that suggests you were speeding, even 1km/h over, is testimony against yourself and you ...

Well you are welcome to try and I hope you succeed.

I will be surprised if you succeed, but I still hope you can do it.

If you admit to speeding (even only 59) and the officer says you were going 72 then most likely you will get the 72 charge. If you did not testify at all, you would still get the 72 charge but you saying you were speeding just helps their case.

Best case is the JP drops it to the 59 but I have been to court enough times and never seen them do that ...

Yes they usually black out stuff not related to your incident.

Here is an interesting side note... how does he know you were doing 80 to 85 when you went by him at the stop sign? At a 90 degree angle (with head facing straight ahead) the radar will read 0.

Is this just officers estimation of your speed as you passed in front of him?

The head of the radar unit must be mounted somewhere on the vehicle for ...

If the charge indeed does say 75 in a 50, and the set fine is incorrect, then this is a fatal error! I am not sure what the correct set fine for 25 over is, but if it is not $37.50 then it is a fatal error. Congratulations.

So if it is a fatal error, then do not do anything. Do not mail the ticket in and do not choose an option on the back and do ...

An honest prosecutor will tell you whether or not their witnesses are there. Some prosecutors though, may not tell you, and will try to convince you to take the deal.

You can also ask them directly if their witnesses are if they do not say anything specific about it, but they may or may not tell you. And they do not have to tell you.

If the ...

Good question.

But I have no idea

You would need a technical expert in radar to answer that question.

Yes it is you in front of the Judge asking for a new trial.

Yes the crown will be there to possibly object. They may not object though.

Okay well you sort of have it sorted out! I would make sure you take any paperwork you got from clerk with you on Dec 8 as it will all be very confusing.

The officer has 6 months to issue a ticket, and a summons is a common way to do that, so yes they can do that and there is nothing wrong with it.

It needs to be filed with the clerk of the court within 7 days. That has nothing to do with when it will show up on their website.

Usually I call the Clerk on about day 10 to see if it has been filed yet.

Great news!

Did you show up for trial and they dropped them right away or did you talk to prosecutor and they dropped them or did you proceed to trial and win? What happened? Details please.

Well I guess you have to get the appeal judge to grant a re-trial first before any of this matters!

But I am similar in that I will go to court and fight everything to the bitter end because if you do not fight it then you are found guilty for sure!

Why did you have to pay $10 for manual? Was that on Scribd site? You can UPLOAD some kind of document and then download for free.

You will have very hard time proving anything you say (which some of it seems valid). The JP will pretty take anything the officer says as "truth" over anything you say. With the right cross-examination questions, you ...

I don't think so. I have not seen or heard of a newer one.

For local police, yes I got the full manual with disclsoure. For OPP I only got test page and they would not give me the full manual.

But my freedom of information request for the full manual from OPP was granted and I got the full manual that way.

Decatur Genesis II Select Directional Radar Manual Canada Variant Rev 25-Aug-2010
http://www ...

For local police, I got the full manual with disclosure when I requested it.

For OPP all I got was the test page. I had to make a freedom of information request to get a copy of the full manual from OPP.
So you better start that process now as it can take a while!

Found this case law, at paragraph 18 that supports that section 3 says the Certificate of Offence MUST be signed, which means it should also apply to the Notice of Offence.

R. v. McPherson, 2012 ONCJ 807 (CanLII) http://canlii.ca/t/fvrkp

[18] Sections 3(2)(a)&(b) of the POA are of further guidance. These sections set out that an officer may issue ...

Well it's important to figure out what we are looking at. Can you scan and post the officers notes as well as this other document with the 9:30 test time and the "was founf to be in order and working properly".

If the officer ends up testifying something that is not in their notes, then that is good reason for reasonable doubt. So need to figure ...

So the officers notes themselves do not show that it was tested at 9:30 prior to commencement of enforcement action? Only in the summary from the prosecutor?

If the officer has told that to the prosecutor but it is not in his notes then that is one area to go after.

Also the fact that he says "tested radar" but does not say the outcome of the ...

You would have to get the manual for the specific device you are looking for, to see if that was a feature included with that device.

I have never seen that feature in any manuals I have read.

Not without a voire dire. So if officer starts to say anything that you said you can object and say "I object. Statements are not admissable unless proven voluntary." And then if the prosecutor really wants to get it in (which usually they don't) then he will ask for a voire dire and you will have a mini trial to decide if you volunteered the ...

Your testimony that you were speeding will still get you the 72 in a 50 charge unless you can bring reasonable doubt to the officers testimony.

The JP will say you admitted to speeding and the officer also said you were speeding and the radar evidence at 72 is stronger than your evidence of saying you were going 59.

I can not emphasize enough ...

I am looking for the specific regulation in the Act that would require the ticket you received (the Notice of Offence) to be signed by officer as well as the Certificate of Offence that they file with the court.

Can anybody confirm if this looks correct and/or if there is something else I might need?
I think it is Provincial Offences Act section 3 ...

If the correct set fine is $260 and not $265 then it is fatal error, and follow UnluckyDuck advice.

No the vehicle description on ticket is not fatal.

Is the set fine and total payable correct?

I believe that this charge is Absolute Liability charge which means that you either did it or did not do it. If you did it, then the reasons why are irrelevent (unless you can prove your life was in danger).

Before you can really decide what defense you have, you must ask for a trial and then request disclosure (officers notes). Once you get the ...

So you did not keep a copy of both sides of the original ticket?

First of all you should NEVER tell them when they make a mistake because they can just re-issue you a new ticket with the corrected information.

Second, if the date was more than 7 days off, then it would have been a fatal error for sure if you had not responded.

So this is what ...

Here is SET FINE list:
http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

Then you add this:
http://www.ontario.ca/laws/regulation/000161

Then you add $5 court costs and you get Total Payable.