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screeech wrote:Most cruisers now have the capability to pull up driver photos during the traffic stop. So if you say you are Ted Nugent and they pull up his picture and you lied, you will be arrested on the spot for obstruct justice and personation.

I don't think so. There is only one Nuge, but certainly more than one Ted Nugent in the world.

These charges

Fail to surrender DL under the HTA

Ad Obstruct police which is a criminal charge and much more serious than the hTA charge.

ops
Thanks. Whichever is the more serious depends on the driver and specific circumstances I suspect.

Who does he make the ticket out to if he doesn't have a name? I guess if it's criminal (obstruction ...

What do you mean by a secondary offence?
Are you an officer/retired officer? I thought it was a common term. I even googled it before I posted to make sure.

Schreech, you are correct that I meant a secondary offence is one that you cannot be pulled over for. You get pulled over for the primary offence....i.e. speeding, then the officer sees that ...

OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line ...

What do you mean by a secondary offence?
Are you an officer/retired officer? I thought it was a common term. I even googled it before I posted to make sure.

Schreech, you are correct that I meant a secondary offence is one that you cannot be pulled over for. You get pulled over for the primary offence....i.e. speeding, then the officer sees that ...

Ban Him? LOL. If he was banned then the only regular contributors here would be police and retired police. Both of which appear (from my limited experience) to be biased. I have read alot of threads here and I can remember very few instances where someone has offered a defence......only criticism and mocking of potential defences. To wit, when I ...

"I noticed the driver was not wearing a seat belt.......<snip>.... I informed the driver of my reason of the stop..."
I remember hearing a looong time ago that "seat belts" were "secondary offences" Anyone remember that? Did the law get changed? Maybe I'm dating myself.

Not sure if this applies to your situation or not but I remember a few years ago on the MTO website I read that you don't have to wear your seatbelt if you are making a certain number of stops and you don't exceed s certain speed. Check it out

Can I compel a witness to appear in court?

Example:
I want the Crown to disclose the certain mechanical aspects of the police car. They will likely refuse. Can I summon the mechanics that work on the police cars?

Example:
I want the testimony of an accident reconstruction specialist but I don't want to pay for one. Can I summon the detachment's ...

You may recall my previous threads where I state that I was truly and honestly traveling approx 50-55 instead of the 72 at which I was locked. Lets rule out speedometer error because my GPS matches my speedometer.

In an effort to understand how this can happen, I have put forth several questions about how his radar may have given an incorrect ...

Not talking is going to pretty much guarantee you get the worst possible ticket and guarantees a court appearance.

Talking might get you a lighter ticket.... but you might hang yourself too.

Perhaps I need to learn how to talk without saying anything.

I was pulled over by a NY state trooper once. I got you for 72 in a 55 he said. "Yes", I said " I'm grossing 80,000 lbs today. I must have a loose wire in my jake brake harness because I hit a pot hole half way down the hill and my jake stopped working. Next thing I know I looked at my speedo and I'm going 72. Sorry about that. I have a clean ...

Yeah they "up charge" you so the Crown can reduce it to following to close.

Went before the green sash to set a new trial date. I mentioned to his worship that there was still some disclosure outstanding. He said tell it to the trial judge. Crown (a new one this time around) interjected and said write me a letter I'll see what I can do. Also mentioned to his worship that I was denied access to the radar manual. He said you ...

You don't have to lock? Didn't know that. Actually at one time I though you were suppose to lock two readings. Back 30 plus years ago when I was 16 I got a ticket and the officer told me he only locked one reading because when I saw him I braked so hard he couldn't even read the numbers on the radar.

Yeah that question and about 100 more.

Changing gears here, I see you are a retired officer. I assume you used radar. Off the record, did you or your colleagues ever take liberties with when you locked the radar in? Maybe because you knew the guy was speeding but you couldn't get him locked in time? Or maybe you drove around with 98 km locked on ...

Now officer, you just testified that you are a 9 yr veteran and you are an expert at judging speed and distance visually, and now you can't tell the difference between 40 m and 120 m?

We should find out very soon what the crown is ordered to disclose. If I was the crown and the officer, I would just drop it. It's just wouldn't be worth putting my time and reputation on the line fighting a true believer.

Looking for engine size, model year and a few other things. Not really looking to get weight from the VIN. Maybe I'll revise my disclosure so they have to run down to the local grain elevator and weigh the actual unit and get me scale ticket.

They can either give what I need or not. Either way I win.

CV...... We're talking 10th grade physics here. Care to bet against me? I have pay pal.

it gets me info about the car. see post 6, para 6.

Speaking of FOIR, did you ever get any info on whether the OPP may have requested that tuning forks be removed from the manual?

Yes it is I guess.

Where is it written that I am entitled to disclosure of the radar operator manual? Furthermore, where is it written that I am entitled to anything at all? For example, I want the VIN of the patrol car. It's key to my defense. What do I say to the judge when the crown refuses to give it to me?

Well, my prediction (previous post above) of what the judge would say at my appeal hearing was pretty close, but like I said, there is always a surprise in court. At least to me anyway. Here's how it went.

Judge: "I have reviewed the matter. You were late for your trial and you were convicted and now you want another trial is that right?"
Me: "Yes ...

Officer to driver 1: What happened?
Driver 1: He hit me

Officer to driver 2: What happened
Driver 2: He hit me.

Officer to eye witness: What happened?
Eye Witness: Driver 1 hit driver 2.

Officer to Driver 1: Witness agrees with driver 2. I'm going to charge you with dangerous driving under the criminal code unless you have something else to tell ...

Screech, I'm sure you understand that I'd rather not sent the crown a telegram detailing my defense. I've tried to be vague as possible.

If I am granted a new trial, I suppose this is a discussion that myself, the crown and the judge will need to have.

1. Here are my qualifications...do you consider me an expert witness?
2. Can I put myself on ...

I declined to give a statement once. It's a tough call.
Give a statement = might get charged.
Don't give a statement = definitely get charged.

It ain't the dang radar that's in question. You folks actually think that a police officer's testimony of when he pressed the radar button trumps physics? Guys, I appreciate the advice but forget about MY case for a minute. Don't get hung up on whether or not I can bring reasonable doubt.

Let's say a defendant admits to speeding but could produce ...

Here's a question. There is a school of thought that says if you were speeding even a little bit, then as a defendant, you shouldn't put yourself on the stand.

What if you were qualified to be an expert witness? Could you put yourself on the stand as a radar expert or accident reconstruction guy or automotive engineer? Could you put yourself on ...

I've heard it said about other trials, that a defendant can't win if he doesn't take the stand. I think the logic is that the judge/jury need to hear that you didn't do it. If you can't take the stand in your own defense it doesn't look good I suppose. Not sure what's different about traffic court.

I'm more concerned about navigating the ...