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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.

Case law is generally submitted at the end of the case when the parties are making their final submissions.
Thanks ... I thought this was the case but just wanted to make sure.

And since you brought up judicial notice, let me ask a question about that ... Do you simply request the JP to take judicial notice of something you bring up before/after ...

If we have a specific case law that we want the JP to read with regards to decision, can we simply submit it during closing arguments with the reasons we want it to be considered?

Or does it need to be submitted during some other part of the trial, like during cross examination (assuming no defense as witness will not be testifying)?

Thanks

The prosecutor and the police officer are two different people. It is the prosecutors decision, not the officers, on whether or not something gets dropped.

So at early resolution the prosecutor MIGHT drop both charges (my guess would be that they won't do this), or MIGHT offer to drop one in exchange for guilty plea to the other. You can then ...

I believe that both officers would need to be there because one officer will testify to speed and other will testify to identification.

In your request for disclosure, make sure you request the notes of ALL officers involved. You will need to see both officers notes before you can really make a determination as to how to fight the ticket.

Can you scan and post a copy of the ticket? Please block out your personal information and officer information.

Unfortunately speeding in Ontario is considered an Absolute Liability offense which means either yes you were speeding or no you were not speeding, and there are no acceptable reasons that you can give as to why you were speeding (except your life was somehow in danger). As soon as you say "I was speeding but..." everything after the "but" is ...

Whether the witness box is ticked or not makes no difference, and will not void the ticket.

My question to others in this forum would be: since the private property was a plaza, so does that qualify as a "highway"?

Well if that is the case and the officer is NOT present and only the other driver, then you definitely want somebody else to represent you and not show up yourself. If you are not present (and you do not need to be unless it is a criminal charge which I don't believe this is) then the other driver cannot identify you and they have no case. If the ...

Yes that appears to be a Fatal Error ... if you can confirm that the fine and total payable are indeed incorrect, then you should NOT respond to the ticket and hopefully the Justice of the Peace will see the error and dismiss the ticket. If the JP messes up and you DO receive a notice that you were found guilty, then you have to file an appeal and ...

Demerit points have nothing to do with whether a charge is considered minor or major by insurance. Insurance companies have their own policies on how to make that determination. Ask your insurance company if they can give you a list.

The fact that both the police officer AND the other driver have to show up to testify is a bonus in this case. The ...

Here are a couple threads you should read:

Don't talk to police:
http://www.ontariohighwaytrafficact.com/topic7032.html

Representing yourself:
http://www.ontariohighwaytrafficact.com/topic7039.html

If it was me, I would definitely fight it, even if my chances of winning were slim to none. So what I would do is see if I could find any case law that defines what "brief" is and go from there. I am not sure if the fact that it is commercial related creates a different scenario than if they stopped you personally in your personal vehicle and spent ...

In cross-examination, you can certainly question the officer on where he was, but if he says he was in the left lane then you have no way to prove otherwise. And how do you prove his view was obstructed? Again you can ask him but if he says no it was not, then you are sunk. And was it snowing so hard that visibility was reduced to the point of ...

Your name missing middle name does not matter. Even if they misspell your name, this does not matter in Ontario and the ticket is still valid.

I would choose NOT GUILTY option and ask for TRIAL with Officer Present.

Once you get notice of trial, you can request disclosure (officers notes). Once you get these notes, then you will know exactly what the officers reasons for laying the charge are and decide if you want to fight it or not.

Usually if it boils down to your word against a ...