Search found 68 matches

by neo333
Thu May 27, 2010 11:36 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Tagged for 90 in 60km. Plead for mercy w/option 2?
Replies: 5
Views: 1940

I requested a trial and got an Oct 18, 2010 court date along with a yellow RESOLUTION REQUEST form. The ticket is for 30km over ($210 total) and there is no "R" writen on it. I can get a free lawyer for 3hrs. What should I do? What are my chances? I think I was the only car on the road @ 6:45am Sat...
by neo333
Thu May 27, 2010 11:30 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Tagged for 90 in 60km. Plead for mercy w/option 2?
Replies: 5
Views: 1940

Good man. YOU need to start your research. This board is excellent as well as ticketcombat.ca The goal here is to try to get the charge stayed on the grounds of delay or improper disclosure. You will also likely be offered a reduced fine/points by the crown on the day of the trial. Read up, then sen...
by neo333
Thu May 27, 2010 11:19 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 125km/h in a 80km/h zone - Interesting Day at Trial
Replies: 9
Views: 2434

1. The importance of disclosure of Officer's training record and the Calibration Record of Radar Unit: I refer to R. v. Martin, 2008 ONCJ 217 . The Defendant was charged with speeding contrary to section 128 of the Highway Traffic Act. A laser detector was used by the police and this raised the que...
by neo333
Thu Mar 04, 2010 2:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 74 in a 50 trial date today, a few quick tips?
Replies: 15
Views: 2014

I assume the judge denied your 11b request? What exactly did he say about that? Let me get this straight. What time was the ticket issued? What time did the officer testify? What time is indicated on his notes? Lidar manual says to test the device at a distance of 60 meters, but the officer tested a...
by neo333
Wed Mar 03, 2010 2:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 74 in a 50 trial date today, a few quick tips?
Replies: 15
Views: 2014

The prewritten fill in the blank notes appears to be a "will say" statement by the officer. The key is his handwritten notes from his log books. If you read the court decisions I referred to, you will see that the officer must record the TIMEs of the tests (before and after) to confirm the device wa...
by neo333
Wed Mar 03, 2010 12:33 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 74 in a 50 trial date today, a few quick tips?
Replies: 15
Views: 2014

on the notes there's a crude hand drawing of how the officer prepared or tested the Lidar, so i'm gonna assume that's the proof that the unit is fully calibrated and fucntioning This is NOT proofs that the unit is properly functioning. The officer must test the device as per manufacturer's specific...
by neo333
Wed Mar 03, 2010 11:58 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 74 in a 50 trial date today, a few quick tips?
Replies: 15
Views: 2014

1. depends on the jp. If you can show prejudice, maybe. It's sticky. 2. you should have requested a clarification or typed version of notes if you could not understand it. No advantage. 3. officer who operated lidar and issued ticket must testify. It's unlikely that they screwed this up. This should...
by neo333
Wed Mar 03, 2010 11:25 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Tagged for 90 in 60km. Plead for mercy w/option 2?
Replies: 5
Views: 1940

no need to beg. fight the ticket!! Request a trial date. File for disclosure (officer's notes, copy of radar manual, notes on how and when the radar was tested on the day of infraction, etc.) IF you don't get this information that you are entitled to, the court will delay your trial until you get it...
by neo333
Wed Mar 03, 2010 9:53 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 48km/h over on 401
Replies: 9
Views: 1636

What exactly did you ask for in your previous disclosure requests? Did you ask for a copy of the radar manual? Did you ask for information about HOW and WHEN the radar device was tested on the day of the infraction? You are entitled to the above (if you asked for it) Disclosure is only incomplete if...
by neo333
Thu Feb 25, 2010 1:37 pm
Forum: Courts and Procedure
Topic: Notice of Trial still not received
Replies: 3
Views: 1494

It can take several months depending on the jurisdiction.
by neo333
Thu Feb 25, 2010 1:27 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Right to know location of Traffic Citation
Replies: 3
Views: 624

I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw. It's likely written in his notes that you can obtain through disclosure. Fight the ticket and request disclosure. Also ask for co...
by neo333
Fri Feb 19, 2010 12:41 pm
Forum: Careless Driving
Topic: Careless Driving Hwy 401
Replies: 4
Views: 1180

I don't have too much experience with careless driving infractions, but I do know (from reading on this board), that careless driving is a bit more difficult for the crown to prove. In your case, it seems the officer did not observe your careless driving and based the charge on the perceptions of a ...
by neo333
Thu Feb 18, 2010 1:11 pm
Forum: Driving While Suspended
Topic: driving while under suspension
Replies: 8
Views: 2976

why did the officer stop your husband in the parking lot?
by neo333
Thu Feb 18, 2010 12:28 pm
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 18063

Try using a Notary. A notary is considered like a judge in that what they sign is unquestionable PROOF. If they do not respond to a notarised demand then send a notice (again notarised) that recognises their failure to respond.... this keeps a proven paper trail that cannot be refuted. It will serv...
by neo333
Thu Feb 18, 2010 12:23 pm
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 18063

dave, I recommend that you NOT use their form. It usually does not allow you to ask for what you really want and need. They cannot force you to use their form. Disclosure requests are usually sent to prosecution (not court) as they are responsible for the disclosure. Ticketcombat.ca has a good examp...

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