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If you live at the same residence, I believe you are supposed to be listed on her insurance. But I honestly don't know much about the insurance side or how that all works. I do not know whether your ticket will affect her insurance. If there was an accident, then the insurance company would obviously be notified and would know about it. But do they ...

Can you post a copy of the ticket (with personal info blanked out)?

Can you post a copy of the original tickets and the disclosure (with personal info blanked out)?

Highway just means a public road as defined in the HTA

You said the sign clearly said no stopping between 4-6 and that it was after 4. So from this perspective you are guilty.

However, you should plead Not Guilty and request a Trial with the officer present. Once you get your notice of trial, you can then request disclosure.

Toronto's courts are ...

I suggest you plead NOT GUILTY and request a Trial with the officer present. Once you get your notice of trial, then request disclosure. Once you get disclosure (this is the evidence they have against you) and have read it THEN set up a meeting with the prosecutor to discuss early resolution.

You could do early resolution first and then request a ...

So first of all, the reason police ask you questions is to get the evidence they need to convict you of something. I stand by my statement of "Never talk to police!"
http://www.ontariohighwaytrafficact.com/topic7032.html

Now the charge you are facing is something like "driving with handheld device", not "driving with purple handheld device". In ...

Did you plead not guilty and request a trial?

Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.

And here is another case confirming the testing radar before and after ... I think it could be successfully argued that it applies to LIDAR as well.

Durham (Regional Municipality) v. Zhu, 2011 ONCJ 193
http://canlii.ca/t/fl3wg

[108] It would appear R. v. Vancrey supra sets out the tests necessary to secure a conviction using a speed measuring ...

He should plead NOT GUILTY to all charges and request Trial with Officer present.

Once he gets notice of trial, he can contact prosecutor for discussion about the charges and see if they will offer plea deal and possibly drop insurance one.

If he does not like the outcome of this, then he should request disclosure and proceed to trial.

Once he ...

Okay so it is a time calculation!

Does read out it show you the distance as well as the speed? Or speed only?

Does anybody have a lidar manual I can review? Any manufacture will do as I just want to see how it works.

Does lidar measure distance/length?

So here is an interesting approach for stationary/handheld radar:

In cross-examination of the officer you can ask if they used tuning forks to test the device to which they will say no.
You can then ask if they tested it against a vehicle of known speed to which they will also say no (since it is not required by the manual for stationary radar ...

I am aware of the issue with tuning forks. The purpose of this thread was to try and track down who decided to get the tuning fork test removed from the canadian manual even though it is still in the usa manual.

Do you have case law stating that tracking history is still required even though it is not in the manual?

And by tracking history do you ...

I guess I got my manuals and threads confused... sorry!

It just occured to me that you should read the following case:

R. v. Rijal, 2010 ONCJ 329
http://canlii.ca/t/2c2px

Print a copy out and get a highlighter and go thru it and look for everything referencing the assistance the JP should give a self-represented individual. If you lose the case, you could appeal with one angle being not providing ...

Not for the Genesis Handheld Directional (GHD/Scout). There is only requirement to press test button and nothing else.

But I do see that the road test requirement is in the Genesis II Select manual.

okay thank

And this with regards to electronic notes:

Durham (Regional Municipality) v. Zhu, 2011 ONCJ 193
http://canlii.ca/t/fl3wg

14) There is no requirement as per R. v. Kassam, [2007] O.J. No. 2104 (Ont. C.J.) and R. v. Colangelo, 2007 ONCJ 489 (CanLII), [2007] O.J. No. 4070 (Ont. C.J.) that the officer has an independent recollection prior to reviewing ...

I just found this which answers my question about copies of notes:

R. v. Thom, 2010 ONCJ 492
http://canlii.ca/t/2d4cg

The Law
[4] It is well-established that notes, documents and other testimonial aids can be used for two purposes: (1) to provide a record of a past recollection where the witness has no present memory of events; or (2) to refresh ...

I assume if I see an officer flip open his notebook on the stand that it is the original versus a a stack of papers would probably be copies. But my question was regarding if there is any objections that can be brought up if they are copies of handwritten notes. Your answer would suggest, in your opinion, that no there should be no objections to ...

If you read paragraph 51 of this case, it seems to suggest that even for laser/lidar, they must do a test both before and after.

R. v. Ko, 2013 ONCJ 451
http://canlii.ca/t/g0658

[51] In considering the issue of the evidentiary threshold needed to determine whether a rate of speed measurement obtained through the operation of a laser device was ...

As far as being tested on a technicians bench, if you try a Freedom of Information Request to any police force in Ontario to get copies of "repair, maintenace, testing, or calibration records" for any radar device, you will be told that they do not have any and therefore do not have to give to you what they do not have.

I agree that a road test ...

What happens if an officer shows up in court with a copy of their notes, but does not have the original? What objection can be brought up in this scenario?

Also is there any objections that can be brought up when the notes the officer is using were not kept in their possession?

Thanks

So here is a case in Saskatchewan appeals court that is a step in the right direction for tuning forks.

R v Abrametz, 2013 SKQB 105 (original appeal)
http://canlii.ca/t/fwsg0

Abrametz v Canada, 2014 SKCA 84 (appeal of the appeal)
http://canlii.ca/t/g8n7b

Police are allowed to be somewhere for the sole purpose of writing tickets. You don't like it, and I don't like but that is the way it is and it is perfectly legal, so it is completely worthless and a waste of time to even try that as a defense.

Now elements the prosecutor has to prove, by putting officer on the stand and asking questions, are ...

In the USA a lot of the prosecutors will offer to exchange your driving charge to a parking violation charge (with same fine amount) in exchange for a guilty plea.

However I have never heard of that happening in Canada. Either they are not allowed to do it, or just won't.

Yes, if you go to trial, then they can amend the ticket back up to 38 over instead of 20 over. However the trial actually has to start before they can amend it up.

So you should plead NOT GUILTY and ask for Trial with Officer present. Once you get notice of trial then ask for disclosure (officers notes, speed measuring device manual, audio/video ...

Well basically any court is never fast to respond to anything!

You can call the Clerk of the Court and give them your ticket number and ask the status.

Most likely they received your request but just haven't gotten around to getting the trial date set yet.

Our great un-justice at work again!

*** So you really need to get a grasp on how a trial works ***

Prosecutor will call officer to witness stand and ask him all the questions to get answers they need.

You then get to cross-examine the officer. This has NOTHING to do with your side of the story! This is where you have to ask the officer lots of ...

Asking for a trial without the officer is basically saying that you agree to everything the officer has in notes and that you do not want to cross examine him. Just a confusing option that should not be there in my opinion.

There is no specific time limit, but the JP could tell you to move on to something else if he feels you are just going over ...