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Here, the crown often says "the officer is not here but I can have him come in if necessary". And even m

Don't lose the pics and video. By the time you get to trial the sign may be fixed. Happened to me but I had the video and pictures.

UnluckyDuck wrote:I'm pretty sure you know what to do since this isnt your first offense http://www.ontariohighwaytrafficact.com ... tml#p32745.

Good catch. That's pretty amusing.

Moreover I can't see what would be useful in the manual other than the testing and operation portion of the manual.
Shouldn't the defendant be allowed to read the operation manual so the he/she can understand how it was supposed to be used? Are we expected to believe that the officer followed procedure just because he said he did?

IMO at least ...

Why won't they disclose it? Because they don't want you to know what's in there and they sure don't want it to appear on the internet that's why. First I believe they will say it's irrelevant and if that fails I believe they will say its copywrite protected and if that fails i believe they will drop the charge. Jsherk I think you have zero chance ...

Best idea of to quit going to there. I stopped there once. Never again.

+1, if you bring this up before trial it will simply be corrected.
But , if you get the officer on the stand, you could use this in conjunction with other matter(s) to bring reasonable doubt and to the fact that the officer is only human and can make a mistake .
Thus, perhaps he made a mistake reading the speed on his radar the same way he made a ...

Big bully steals lunch money from little kid. The little kid says it's not fair but the big bully challenges him to a fight at recess. Recess comes and the little kid shows up to fight. The big bully realizes he has picked a fight with the wrong kid and he is better off making up some excuse about why he can't fight than to be embarrassed in front ...

+1. The crown will most likely be allowed to correct the time error and your trial will proceed.

I'm still unclear if you were in a posted 50 zone. You were in a posted 60 then you got a ticket for doing 70 in a 50. Did you fail to see or heed a 50 begins sign?

As for you accelerating to 70 from a stop. I would begin by searching the internet for performance tests on your car to see how quickly the tests say it accelerates. Then I would go ...

I Just want to understand this.
1. You have proof that the speed limit is 50 at night and 60 by day?
2. The cop is lying about your speed.
3. You feel your vehicle can't accelerate to 70 in the specified distance?
Is that correct?

I've followed worse especially just before school starts. And speaking of commercial vehicles, yes we are held to a higher standard. I successfully defended myself in Pennsylvania over an insecure load charge. I made a video showing how difficult it was to get the 4x4 timbers from their storage position on my trailer. I showed the video to the jp ...

There is definitely info in the operator portion that is relevant and material to many speeding defendants. I successfully used some of the information to defend myself. The JP may allow the crown railroad the defense but I bet the appeal judge won't. And since the police and the crown will rather dismiss than have a appeal court ruling against ...

Why should you have to prove to the judge the manuals are different? JP said the crown could let you see IT. IT does not mean any manual. IT means the correct manual. The crown did not do what they were supposed to do.

I would move to dismiss. If the trial goes ahead then I appeal. At appeal, I ask for a copy of the manual again. I bet the crown ...

I agree Screech. Nobody wants stuff falling on the road but those doors aren't coming out of that pickup unless he puts it on two wheels. I guess I'll have to think twice about putting my groceries in the bed of my pickup from now on. I would plead not guilty and dare the crown to defend the writing of that ticket.

Insecure load lol. I would argue that there is no possibility those doors are coming out of there under normal driving conditions. I would also suggest that the law posted above implies that the list must be secure under normal driving conditions..... Not in the event of a rollover. The reason I say that is because of the word "blow". I would also ...

I had this happen to me. It took 5 Court appearances and an appeal before the crown withdrew the charge rather than go before the judge with an Officer that changed his story. You need to have a plausible story. You need to look at the radar manual and the notes. Go back to scene and take pics from the officers POV.

Personally I think it's wrong that they don't disclose the complete manual. They don't disclose because they dont want you to know how it works. In my case they said it was copyright infringement. I brought the issue before the judge and add a result, an officer volunteered to sit with me and allow me to read the manual. If you have a good reason ...

Yeah....I guess.... Maybe.... Who knows. He also says the pedestrian ran into him so who hit who?

Jogging in the middle of the street? If it was me, I would be pleading not guilty and reading about jaywalking

the untrue statement wasn't in his notes. It was in an email from the crown to me in response to a question I asked. I asked "how far was the patrol car behind the subject vehicle at radar lock?". The and the answer in the email reply from Crown was ".... I didn't measure but it's a Short stretch of road.... Maybe 30-40 meters from back of trailer ...

Oh, about the radar manual disclosure. OPP said it was copywrite infringement if they gave me a copy but the radar instructor volunteered to sit with me at the detachment while I read it. In the end, that was way better than getting a copy because I sat there for 90 minutes asking him questions. I know a thing or two about radar now. Example of a ...

I'm back to update.

I had my new trial today. Final outcome was that the crown withdrew the charge.

I met with the crown before court took session. Said I would be making three pre trial motions to dismiss 1) time on ticket was wrong, 2) the matter has taken too long. It's been 17 months, 5 court appearances, 4 different Crown attorneys and I ...

screeech wrote: Both sides honestly believe they are telling the truth, as they know it to be. .

Hahahahaha. That's a good one schreech.

Lying is not necessarily obstruction .

Obstruction under s. 129 states :

129 Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,


(b) omits, without reasonable excuse, to assist a public officer or peace officer in the ...

With regard to lying to an officer being grounds for an obstruction charge, EVERYONE lies to police. Why is it they never charge the liars in a traffic accident? We all know that in a two person accident there is at least one liar and maybe two. I had the misfortune of falling victim to one of these liars a while ago....the officer chose to believe ...

See first response.
Below is the first response.

Officers and retired officer provide this board with some of the best resources. Some probably have shied away from posting frequently here because the same users who want them to answer all their technical questions also want to poop all over them. You can't have it both ways. They are here ...

You are missing my point...no matter what name the driver gives, they can pull up that persons picture, if it doesn't match then the criminal investigation begins...There are many other investigative steps as well, not just with the picture...
OK so.....driver is pulled over for RIDE, blows .09 and is about to charged with impaired.

Officer: DL ...

I know impaired and dangerous are criminal. Exactly why one might prefer to be charged with obstruction.

Not really. Criminal charges are very serious. I'd honestly rather get charged for every single violation in the HTA than 1 criminal offense. Criminal offenses show up on background checks, so applying for jobs would be affected, plus I know for certain criminal charges you can't leave the country with (I.e. Vacation, visiting family). I'd rather ...