Ontario Highway Traffic Act

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 ...

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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 ...