Search found 1722 matches

by jsherk
Thu Dec 03, 2015 5:53 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 33136

Re: Radar Manual- No tuning forks and No tracking history

I don't think so. I have not seen or heard of a newer one.
by jsherk
Thu Dec 03, 2015 5:25 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 33136

Re: Radar Manual- No tuning forks and No tracking history

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 ...
by jsherk
Thu Dec 03, 2015 4:54 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 33136

Re: Radar Manual- No tuning forks and No tracking history

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!
by jsherk
Thu Dec 03, 2015 11:51 am
Forum: General Talk
Topic: Fatal error if Notice of Offence not signed?
Replies: 4
Views: 2604

Re: Fatal error if Notice of Offence not signed?

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 ...
by jsherk
Thu Dec 03, 2015 10:31 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17959

Re: truly was not speeding

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 ...
by jsherk
Thu Dec 03, 2015 9:01 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17959

Re: truly was not speeding

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 ...
by jsherk
Thu Dec 03, 2015 8:32 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar and GPS
Replies: 15
Views: 5507

Re: Radar and GPS

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.
by jsherk
Thu Dec 03, 2015 7:46 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17959

Re: truly was not speeding

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 ...
by jsherk
Wed Dec 02, 2015 10:39 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17959

Re: truly was not speeding

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 ...
by jsherk
Wed Dec 02, 2015 9:01 pm
Forum: General Talk
Topic: Fatal error if Notice of Offence not signed?
Replies: 4
Views: 2604

Re: Fatal error if Notice of Offence not signed?

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 ...
by jsherk
Wed Dec 02, 2015 6:47 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Proceed before green
Replies: 10
Views: 3946

Re: Proceed before green

If the correct set fine is $260 and not $265 then it is fatal error, and follow UnluckyDuck advice.
by jsherk
Wed Dec 02, 2015 6:44 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: I Really Am Unlucky.
Replies: 16
Views: 5280

Re: I Really Am Unlucky.

No the vehicle description on ticket is not fatal.

Is the set fine and total payable correct?
by jsherk
Wed Dec 02, 2015 11:17 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light
Replies: 4
Views: 2291

Re: Failure to Stop at Red Light

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 ...
by jsherk
Wed Dec 02, 2015 10:56 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light
Replies: 4
Views: 2291

Re: Failure to Stop at Red Light

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 ...
by jsherk
Wed Dec 02, 2015 8:41 am
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 9374

Re: No light on bike after dark

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.