mow319
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Illegible Disclosure

by: mow319 on

Hi,

I picked up the disclosure but could not really understand what it said. Can anyone help decifering the scripts? I faxed in an Additional Disclosure Request. The court date is June 8. Is there anything that I can/should do before the court date? Thanks.

mow319
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by: mow319 on

I tried to upload the disclosure, but could not. Anyways, this is what I thought it said:

sunny day, 6314 KHOOSH & GABE.

ATLAMA 24072 AUOK

ON TRIPOD 621

E of Parkside Dr. 110 N side Posted 60 zone 400m E of LOC 4 lanes wb, wb & eb separated by large median (Park) w/trees

Pull L 1 over into L4

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by: mow319 on

Here is the disclosure. Hope you can read it. I'd appreciate if you could advise me, based on the disclosure, whether I had a chance to fight the ticket or it's better that I take the prosecutor's offer for lower fines and no demerit points.

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hwybear
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by: hwybear on

here is my reading of it

**************************

**officer back of ticket**

Sunny, dry

Cruiser 6-314

????

Laser Atlanta ser # 24072 on tripod

Test 621am and 110pm

East of parkside drive, north side

Posted 60km zone 400m east of location

4 lanes WB

WB & EB lanes separated by large median (park)

With trees (?)

Pull vehicle over into ???

*************

**officer front of ticket**

female driver, blue Honda, lane 1, lead 80km/hr at 257m

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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by: mow319 on

Thanks for "explaining" the disclosure. Did you see anything from the disclosure that the officer had missed or mistaken? FYI, the colour of my vehicle is black instead of blue. If the officer cannot distinguish blue from black, how accurate would his eye sight be when it comes to catching speeding drivers? Just my thought.

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by: Stanton on

If the officer testified and gave the incorrect vehicle colour, it could help somewhat in raising reasonable doubt, but I don't think that one mistake would be enough on its own. I think it would also be somewhat dependent on how off the vehicle color was. If your car is a dark blue and he said black, easily explainable. Florescent orange and he wrote black, somewhat more problematic.


Fyi, reading over the notes, I think the last line on the back simply says "pulled over into L4", meaning lane four or the curbside lane. I'm also not sure what he actually wrote for the color of your vehicle. It looks like the right letters for "blue", but it's misspelt.

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by: hwybear on

blue/black = think that is how myself or Stanton reading the letters, the officer will be able to say for sure what he/she wrote as it is their writing ...not ours

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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by: Stanton on

mow319 wrote: How accurately is the laser speeding device?

The device itself, if properly tested and used, is extremely accurate. Any type of false reading would most likely be due to operator error.


Most laser devices have a targeting sight, and cast a very narrow beam. Compared to radar, it's much easier to target select vehicles.


It's pretty hard to argue the reading itself is incorrect if it was properly tested. You'd have to argue that the reading was from a different vehicle, etc.

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by: mow319 on

Yes, I am thinking of arguing that was from a different vehicle since he wrote on the ticket that my vehicle was blue, which actually is black. But I have to wait till I receive the 2nd disclosure to see what colour he actually said my car was.

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by: mow319 on

You could be right. I'm waiting for the 2nd disclosure, I requested that it be typed because the first disclosure is quite hard to read. I can be certain what he actually wrote on the ticket when I see it. He even put down the wrong address on the ticket.

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by: Radar Identified on

Notwithstanding everything else, I think the Prosecutor would probably agree to a plea-bargin to 10 or 15 over.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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