Ontario Highway Traffic Act

Okay so this is my plan:

I will be looking up the Federal laws from Industry Canada that would require radar to have Technical Acceptance Certificate.

And then about 1 month before the trial date, I will submit a motion to have radar evidence excluded at trial. I will probably still have to deal with the motion at the trial (unless prosecutor ...

I just read thru The Law Of Speeding And Speed Detection Devices (Third Edition) by A. Shakoor Manraj & Paul D. Haines.

Notice what they say under Improper Calibration in the 2nd and 3rd paragraph of Chapter 10 (Major Factors That Create Faulty Radar Use):
tuning-forks.jpg

Basically they say that external testing by a tuning fork IS absolutely ...

In Ontario speeding is an Absolute Liability offense which means either "yes you were speeding" or "no you were not speeding" and there is no defense for giving any reasons WHY you were speeding (other than somebody's life was in danger). So "what appeared to be a safe travelling speed" and "everybody else was going the same speed" and "no other ...

I recommend reading this decision in full; it may answer a lot of your questions. R. v. Howse, 2012 ONCJ 517 (CanLII)
So I understand that the courts have decided that an officer merely has to follow the test procedure in the manual, which no longer involves tuning forks, and I am not disputing that.

But this still does not answer the "who ...

ynotp wrote:You can book from Scarborough. If it's too busy go across the street to OTT legal they'll file it for you for $10. (So says the sign)

I stand corrected!

They just have to follow the test procedure listed in the manual before shift and after shift, which usually just involves pressing a TEST button and making a note that it passed.

However my point is that the USA manuals still have the requirement to use Tuning Forks and the requirement to do a Visual Tracking History, however in the 2010 these ...

Okay so here is something interesting ...

Preparing for wife's speeding ticket trial, and I requested the radar manual and they sent me the whole thing from cover to cover. :)
It is a Decatur GHD also called a Genesis GHD or Genesis Handheld Directional or a Scout and the manual is the Canada Variant Rev 25/Aug/2010 version. Chapter 11 is titled ...

So in 2010 Decatur released new Canadian versions of their radar manuals that removed the requirement to test with tuning forks and the requirement for officer to do tracking history.

Does anybody have any information on how this came about?

I have a suspicion that it was probably a "change your manual or we won't buy your units anymore" type of ...

You should be able to pick the NOT GUILTY option for Trial with Officer present on the back of the ticket and mail it in.

Otherwise you would have to go in person to the appropriate office of whatever municipality issued the ticket.

Was just going to review it for fatal error, but if you already checked it out then nothing I need to know.

I would choose the NOT GUILTY option for a Trial with the Officer Present. Once you get your Notice of Trial you can ask for disclosure (copy of officers notes). Once you get the notes, you can then decide what defenses you might be able to use to fight it.

Can you post a scan of the ticket (with your personal information blanked out)?

Thanks for your input!

Maybe he had radar in his car, but more likely he paced you (since you passed him), but you won't know that until you get disclosure.

Once you get disclosure you can see what evidence he recorded as to your speed.

So then having copies of relevant pages (including cover/copyrights) and having officer read pertinent page/paragraph during cross examination would then be one way to get JP to at least consider it (assuming JP allows it to be read)?

It's TAY TWP = Tay Township which is north of Barrie.

I think 302 is some number OPP use to designate Tay Township as I have seen 301 used for Tiny Township which is beside Tay Township.