Search found 11 matches

by kkmonkey
Fri Jun 12, 2020 9:44 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

Anyone know if I should fill a second disclosure request for calibration record of that police vehicle? and a maintenance record?
by kkmonkey
Fri Jun 12, 2020 9:00 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

There's nothing preventing you from challenging the officer's testimony and going to trial. Its always beneficial for people like you to take matters to court when the odds are significantly against them. That's how the law gets better clarified. Since its your money, time and driving record on the line and only a few extra hundred dollars of YOUR money, don't let anyone dissuade you if you want your day in court. Just know that the officer will have very little difficulty establishing time/distance since she can easily say she saw your vehicle approach from behind, pass her car and still be ...
by kkmonkey
Wed Jun 10, 2020 7:48 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

I think you'll be in for quite the lesson if you go to trial. Remember, the officer does not have to write down everything in her notes; the notes aren't evidence; they are only used to refresh her memory. She just has to have an independent recollection of events and can't simply read off her notes. In your case, the officer will likely say she recalls seeing you approaching her from behind in either her lane or in an adjacent lane and then recalls you passing her at a speed that was well above 50km in the adjacent lane. She'll state that she herself was going 80km because she looked at her ...
by kkmonkey
Wed Jun 10, 2020 2:00 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

You're overthinking the idea of pacing. The officer maintains an equal distance between vehicles and looks down at the speedometer. Keep in mind speeding is what they call an absolute liability offense. That means during a trial they will only consider whether you were doing the speed limit or not. At the minimum, you've already admitted to doing 60km+, which would be enough for a conviction on its own. Well, from the disclosure, the officer did not state that she maintained an equal distance for a period of time when she recorded the speed. She could have been recording the speed while tryin...
by kkmonkey
Wed Jun 10, 2020 2:49 am
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

Does anyone have experience challenging an officer's memory?
One more thing I've noticed is that that the road I was on is slightly curved so she should have paced me in the same lane. Judging from the picture, do you think this is enough of a curve to use this argument?
Screen Shot 2020-06-10 at 2.07.39 AM.png
I recall that I was driving in the left lane, then switched to the right lane right before she turned on her lights from behind. I think she was pacing me from the right lane. But I'm not 100% confident about it. I doubt she remembers everything either. Any thoughts?
by kkmonkey
Tue Jun 09, 2020 6:58 pm
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Re: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

The officer paced your vehicle; she did not use a radar or laser device to get your speed. Her notes don't give a lot of detail as to how long she actually paced your vehicle (i.e. time/distance) but she says she was going 80 in a 50. Pacing is perfectly acceptable by the courts. While it is possible that you could cross-examine her on specific details and challenge the accuracy of her speedometer, if she is good at testifying and can satisfy the court on the accuracy of her speedometer, it could backfire for you. After all, you run the likelihood that the charge will be amended back up to 80...
by kkmonkey
Tue Jun 09, 2020 3:35 am
Forum: General Talk
Topic: Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
Replies: 10
Views: 4736

Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80

I was pulled over by an officer from behind (I think I drove past her). She said I was speeding but didn't tell me how fast exactly, said she reduced the ticket to 60 in 50 zone. I had a feeling that she didn't catch me on the radar so I asked for the disclosure. It says "the acc was driving a xx car xx road accelerated pace my speedo was 80 km/he in posted 50" I think she wanted to say that she was driving at 80 and I drove past her. But it's not clear on the disclosure. It didn't really say what I did or how fast I was going. Do I have a fighting chance? Btw, I don't believe I was ...
by kkmonkey
Thu Feb 02, 2017 11:18 am
Forum: General Talk
Topic: Wrong Date - Force Fatal Error
Replies: 7
Views: 5425

Re: Wrong Date - Force Fatal Error

Great! I will wait for two weeks then. Very helpful info Whenaxis. Thanks a lot!
by kkmonkey
Thu Feb 02, 2017 12:52 am
Forum: General Talk
Topic: Wrong Date - Force Fatal Error
Replies: 7
Views: 5425

Re: Wrong Date - Force Fatal Error

uploaded
by kkmonkey
Wed Feb 01, 2017 4:27 pm
Forum: General Talk
Topic: Wrong Date - Force Fatal Error
Replies: 7
Views: 5425

Re: Wrong Date - Force Fatal Error

Thank you Whenaxis! I called the courthouse and the lady said it is in the system. And there is a correct date right above the officer's number "other service date of: Jan 21". That area is blank on my ticket. Does it affect anything?
on the pay ticket online system, the offence date says "not available".
by kkmonkey
Wed Feb 01, 2017 12:45 pm
Forum: General Talk
Topic: Wrong Date - Force Fatal Error
Replies: 7
Views: 5425

Wrong Date - Force Fatal Error

Hi everyone, I got caught speeding 73 in a 50 zone on Jan 21. The officer reduced it to 60. But I noticed the date on the ticket says 2016/11/30. Should I ignore the ticket and force fatal error? If they miss the mistake, can I get the ticket quashed during appeal? Thank you!