Ontario Highway Traffic Act

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 ...