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So you gave officer a VALID non-expired ontario license, but it was an old license with an old address on it, and you had already gotten a new license with your new address on it?

With regards to disclosure, here are some direct quotes from R. v. Stinchcombe, [1991] 3 S.C.R. 326:

"The Crown's discretion is reviewable by the trial judge, who should be guided by the general principle that information should not be withheld if there is a reasonable possibility that this will impair the right of the accused to make full answer ...

Can you scan and post the disclosure you got, including all pages of the manual?

FYI Most manufacturers have removed the tuning fork test from the Canadian version of the manual so it is no longer required. Many of us disagree with that decision, however until somebody can afford to get an expert witness on the stand to contradict the manufacturers removal, you are wasting your time worrying about this issue.

1. 92km/h is 25.5 m/s and 125km/h is 34.7 m/s so in 1 second you would be 60m closer together (so in 1 second you went from 250m apart to 190m apart). So according to officer, he did all that stuff in 1 second. Is it possible? Maybe. Would I try to bring doubt in this area in cross-examination? Absolutely.

2. As long as the radar is tested at some ...

Congratulations on your win!

I do find it strange that the police officer would admit to hs notes being wrong. If they are going to lie in their notes, then why would they not continue to lie in the court? But anyways, it is all good news for you! Way to stand up for your rights and see it thru!

Just a couple other points to mention (I know I am not answering your questions above yet)...

Officer checked HEAVY TRAFFIC but then checked LONE TARGET. If he used radar, then this is useful in cross-examination.

Now looking at the notes, maybe he did not use the radar at all and paced you instead (or maybe used radar AND paced you, but it is ...

I would say NO it is not allowed because the vehicle is NOT in the possession of the person to whom the Service permit corresponding to the Service number plate was issued.

The mechanic or one of the mechanics employees can drive the vehicle around with the service plate, but the owner of the vehicle can NOT drive it around with the service plate.

So if you look at the pages of the radar manual they gave, the very last box says "Section 8.1 and 8.2 must be completed by the operator prior to enforcement and at the conclusion of the officer's tour of duty." Section 8.2 is the Road Test.

Look at the notes you got and I see TESTED BEFORE @ 15:47 and TESTED AFTER @ 03:00 and then I see STARTUP ...

A speeding ticket is NOT a criminal offence, so you will NOT have a criminal record. The ticket will show on your driving record though and may affect your insurance. But unless you are applying to a job as a driver of some kind, your driving record would not even come up and is irrelevent.

So remember that insurance does not care about demerit points. Speeding 15 over and speeding 35 over are the same thing to them, and both may cause your rates to go up the same. With a clean record, 4 demerit points versus 0 demerits is mostly irrelevent and should not be the issue you are concerned with. But the hidden cost of all speeding tickets ...

There is a quick reply at the bottom of the page with two buttons... SUBMIT and FULL EDITOR.

Click on the FULL EDITOR button and it will take you to a new reply box that also has an UPLOAD option.

When is your trial date? Basically if they provide you with all the disclosure you asked for by about two weeks before the trial, then they have met their obligation. Ontario case law has stated that the remedy for not providing disclosure is to schedule new trial and tell the prosecution to provide it. So usually an 11b will never succeed on your ...

That is a tough one... i would think that if you have a good lawyer they would be the one telling you what you need to do to win.

When an officer starts investigating whether they are going to press chrages or not, then they have to give a "caution" saying that "anything you say can be used against you". I am thinking this is what the officers ...

I have never sued or been sued for personal injuries so do not have any experience with this.

However my thoughts are:
(1) The insurance determination will help your case but you will probably need to get somebody from insurance company to come and testify why they determined that you were 0% at fault and the other person was 100% at fault.
(2 ...

Here is a good article on expert opinion that breath test machines are unreliable:
http://www.advocatedaily.com/Nathan-N.- ... baker.html

Not stopping is an absolute liability offence which means, unless your life was in danger, you will most likely be found guilty whether you saw the sign or not. The officer has no responsibility to check out what you saw. If you took pictures of the truck immediately after getting the ticket, it might help your case, but without pictures your story ...

In order for the charge to apply at all, there has to be a crosswalk as defined in the HTA, so that was why I was asking. My opinion is that yes there is a crosswalk based on the fact that there are pedestrian control signals, so this does not become a defense.

So yes the only defense you have (and I believe it is a good one) is that you did in ...

I am just a guy that likes to study the law and stand up for my rights.

Did the police officer witness the crash? If they did then their testimony will be very powerful.

If not, then it is basically your word against the other drivers word because the officer is only writing down what each of you told him. But the officers testimony will be helpful to you because they can testify as to what the scene was like when ...

In the HTA it says: "crosswalk" means,
(a) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or
(b) any portion of a roadway at an intersection or elsewhere ...

I see one issue; should you take it to court. You admitted to speeding..

As far as statements admitted to the officer, even if they are in the officers notebook, they are inadmissable and should be objected to if the officer starts to say them. The prosecutor would then have to ask for a voire dire http://www.duhaime.org/LegalDictionary/V ...

Yes. I wil probably do that. Was just debating whether I wanted to waste $25 to find out what I already know.

"fail to surrender permit" is not as bad as "no permit at all" but you will need to contact your insurance company and ask them if "fail to surrender permit of vehicle" is considered a MINOR, a MAJOR or a SERIOUS offence, and if it would cause your rates to increase.

If they say MAJOR or SERIOUS then you definitely want that one dropped and take ...

I would plead NOT GUILTY and request a trial with the officer present. Once you get your NOTICE OF TRIAL with the trial date, you can request disclosure (officers notes, speed detection device manual). Once you get the notes, post them back here for us to review.

You have nothing to lose by pleading not guilty and reviewing the notes as you can ...

Well that would be a good question for them to answer as well.

I got only one letter on my first request, so I made a second request and got only the second letter.

It would appear to me that there should be quite a bit more communication regarding this issue, but as always somebody in government is either covering it up or inept at their job.

It is not clear to me if the OPP asked them to remove the requirement or if they volunteered to remove it. From the two letteres I received back in my fredom of information request, they would both appear to point to there being much more communication about the issue, however this was not provided to me.

You can download letters from here:
http ...

Okay so I got a couple letters back from my freedom of information request.

To summarize, it was the OPP who asked Decatur if tuning forks were necessary and Decatur basically said no they are not, so we will remove it from the manual for you.

If anybody wants a copy of what I got, send me a PM and I will send you the PDF file (5 pages).

bend wrote:and you will get none of it. You might get a blown up picture and possibly a sheet from the Ministry confirming the owner of the plates.

And this makes for a great appeal, which of course costs more time and more money, showing once again that justice is available for those that can afford it.

In my opinion the pictures do not show anything. In the first picture you can not see the front of your car or the line. In the second picture your car is not there.

If your car is not even in the second picture, then why does the speed still show as 30km/h?

If they want to use the speed on the picture to convict you then I would be asking for ...