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hwybear
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New Lidar Defence

by: hwybear on

from Toronto Star


http://www.thestar.com/news/gta/article ... or-defence

A driver's argument against a speeding ticket backfired when he produced his key piece of evidence – that his illegal radar detector hadn't gone off.


That admission cost him another ticket, Halton Sgt. Brian Carr said on Wednesday.


He was clocked at 92 km/h in a 70 km/h zone on Appleby Line using a LIDAR (Laser Speed Measuring Device), Carr said.


"The driver vehemently denied the officer had clocked him on LIDAR," he said. "He triumphantly produced a LIDAR/RADAR detector and indicated that it never activated and therefore the officer had not obtained a speed reading."


The unit was seized and the Smithville man was issued an additional ticket for possessing a speed-measuring detector. The devices are illegal in Ontario

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
amcamx
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by: amcamx on

I wonder if the the JP bought his defence and acquitted him of the speeding charge at least? Kinda funny if they did.

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Reflections
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by: Reflections on

I wonder if he was texting at the same time............"No, officer I wasn't making a phone call........."

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Bookm
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by: Bookm on

Next he should have said, "And I would simply NEVER speed while transporting cocain", then produced a couple pounds as proof.

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Reflections
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by: Reflections on

"The osifer had no idea I had 10 wishkey's before I came to the house court today"...............................*hic*


:D :D
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PbFoot
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by: PbFoot on

How does this work though? A radar detector it not illegal to possess. If I want to sit out on my front lawn with one in my hand, I am not breaking the law. Only when one is driving a vehicle that is equipped with one, is any law broken. He was in court with the device, and not in a vehicle at the time the charge was laid, therefore he did not break the law at the time that the radar detector was seen, and then taken from him.


Further, I thought (and I could be wrong) that testimony in one trial cannot be used to against a person in another trial or to charge someone with further offences. Another investigation must take place for another charge to be laid.


Although, this guy is clearly a bonehead, I think he may have grounds to appeal.


-PbFoot

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hwybear
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by: hwybear on

PbFoot - there was no court during this story......don't know where that is coming from

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Radar Identified
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by: Radar Identified on

PbFoot wrote:Oh wow! The guy did this at the roadside? Dumber than I though!


He sure did. And it's not the first time I've heard of things like that happening, either. :shock:

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