Search found 38 matches

by Memo1
Wed May 27, 2015 9:16 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

@Memo1

You keep going back to the issue of whether officer should have showed you the display of the unit or not. It's a non-issue. They are not required to, and whether they showed it to somebody else or not does not help your case in anyway.

Also, do NOT bring up the issue of the speed about the officer saying it was 84 not 80 ... this could ...
by Memo1
Tue May 05, 2015 10:49 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

The display of a vehicle's speed on a police radar or lidar does not have to be "locked" on the screen, the officer just has to have seen the reading, therefore it would be a blanked display when viewed anyway.

From my personal experience I do not show a reading if asked. For a several reasons:
- a person outside their car with other traffic is ...
by Memo1
Mon May 04, 2015 6:14 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Bringing someone else to court pretending to be you won't work as we ID the driver through the valid photo ID drivers licence provided at the scene. Courts don't expect us to be able to pick people out of a full court room 9 months after a traffic stop.

Thanks, argyll. I didn't mean "bringing someone else to court pretending to be" me. I was ...
by Memo1
Mon May 04, 2015 7:50 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

I just read through the other three pages. It appears you may win or have the case withdrawn; the problem is that you're going about it the wrong way.

Can you provide us with a scan or a type out exactly what was provided to you in the "narrative text"? Please make sure sensitive information is not included (ie. officer name, badge number ...
by Memo1
Sun May 03, 2015 9:10 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

I just read through the other three pages. It appears you may win or have the case withdrawn; the problem is that you're going about it the wrong way.

Can you provide us with a scan or a type out exactly what was provided to you in the "narrative text"? Please make sure sensitive information is not included (ie. officer name, badge number ...
by Memo1
Sun May 03, 2015 6:15 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

I just read through the other three pages. It appears you may win or have the case withdrawn; the problem is that you're going about it the wrong way.

Can you provide us with a scan or a type out exactly what was provided to you in the "narrative text"? Please make sure sensitive information is not included (ie. officer name, badge number ...
by Memo1
Sun May 03, 2015 5:37 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

I just read through the other three pages. It appears you may win or have the case withdrawn; the problem is that you're going about it the wrong way.

Can you provide us with a scan or a type out exactly what was provided to you in the "narrative text"? Please make sure sensitive information is not included (ie. officer name, badge number ...
by Memo1
Sun May 03, 2015 4:26 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

You need focus on the essential elements the crown needs to prove in order to get a speeding conviction.

For an Ontario Speeding Ticket, the only disclosure items you need to ask are in the sample form here: http://www.ontariohighwaytrafficact.com/topic2959.html

* A full copy of the officer's notes, typed if not legible;
* If short-form writing ...
by Memo1
Sun May 03, 2015 2:26 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

If the disclosure is really only what you received, it's a slam dunk. That being said, those are some of the absolute worst questions.

Why is the colour of your shirt or whether or not you were wearing khakis relevant? It's a speeding ticket. The officer is not required to remember what was on your dash, what color your seats were, or what was ...
by Memo1
Sun May 03, 2015 12:11 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Would the following questions be useful during cross-examination?

1. What color is my car?
2. How many doors does my car have?
(The color of my car and the number of doors are not mentioned in the computer made "Ontario Offence Ticket in Narative Text" provided to me as the officers notes, but probably they can get this info by using the plate)

3 ...
by Memo1
Thu Apr 23, 2015 9:14 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Your reply gives me hope that this case can be won. Probably, not by me but by an experienced ticket-fighter who knows how to handle this. Do you happen to know such a ticket-fighter? Thanks.

Save your money. If what you received is the only evidence they have, I can't imagine they'd even proceed to trial.

Thank you, Bend. I have a feeling ...
by Memo1
Wed Apr 22, 2015 3:42 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

It seems like you got one of the new e-tickets (which ARE permitted). The officer's notes do not need to be handwritten. They simply use the laptop inside the cruiser which populates a lot of your data once your driver's license is swiped and then they type in their additional notes. There should be some notes about things like the officer's ...
by Memo1
Wed Apr 22, 2015 10:24 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

I got a disclosure. I requested a full copy of the officers notes but was provided with something titled "Ontario Offence Ticket in Narative Text". However, there is no narrative there and its not a handwritten either. It looks like a computer printed form that just repeats the info from the ticket. There are no additional details whatsoever other ...
by Memo1
Fri Apr 17, 2015 6:40 pm
Forum: General Talk
Topic: First speeding ticket will my insurance increase?
Replies: 16
Views: 13888

Re: First speeding ticket will my insurance increase?

The officer is correct. There's way too many variables to give you an answer.

Surcharges vary by company. Most insurance companies use the Facility Association Rules as a guideline. Those guidelines would tell you 1-49 is a minor offense and the first conviction would result in a 0% increase. Some insurance companies will advertise this as a ...
by Memo1
Thu Apr 16, 2015 8:01 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Let me expand.

If you sit around for months and wait until the last minute to request disclosure, it will be used against you. You're going to argue how you don't have disclosure and the other side is going to make the point that you've made no attempt to request disclosure until the last minute.

Your trial will likely be adjourned and you'll ...
by Memo1
Wed Apr 15, 2015 10:50 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

bend wrote:You're supposed to want disclosure as soon as possible. Waiting until the last minute or waiting until it's impossible to respond doesn't benefit you.

You're only sabotaging your own trial.
Thanks for your advice, Bend.
by Memo1
Tue Apr 14, 2015 8:52 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

As for typed version of any handwritten notes, I agree that its unlikely to receive it on first request, but if dont request it now and if I get handwritten notes just before the trial, how will I be able to claim that they didn't provide the typed copies of the officer notes and request a stay/ adjournment if Ive never requested a typed version ...
by Memo1
Tue Apr 14, 2015 3:38 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Officers notes: Must be provided
Both sides of the ticket: Wont be provided unless notes were written on back of ticket
Typed version: Unlikely to receive on first request. Will have to justify upon reviewing notes (i.e. illegible, use of short forms that are indecipherable)
Statements made by the defendant: Unless you gave the officer a ...
by Memo1
Tue Apr 14, 2015 10:10 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

"Previous studies have shown that a correlation exists between the degree of terrain slope and the magnitude of errors observed on the slope. The relationship is positively correlated with errors increasing to a theoretical limit of infinity as slopes approach 90"

This has been tested in courts many times before. It works in the driver's favour ...
by Memo1
Sun Apr 12, 2015 7:38 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Let me be a little more specific.

If I get sick and my representative appears on my behalf and requests an adjournment because Im sick, what prevents them from telling my representative: "Ok. Memo1 is sick, but you ( Memo1s representative) is here. So, how do you plead?"

Also, Im not sure about the following:

Will my representative be able to ...
by Memo1
Sat Apr 11, 2015 8:43 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

Could someone please advise me what should be on disclosure request in case of speeding?

I was given a ticket for speeding 70km/hr in 60 zone but, according to the officer, the speed was 84 km/hr. He did not show me the reading though. Also, it looks like he started clocking me BEFORE I was going up (the rode dips and rises to where officer was ...
by Memo1
Sat Apr 11, 2015 8:27 am
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: What should be on disclosure request in case of speeding

Also, it looks like he started clocking me BEFORE I was going up (the rode dips and rises to where officer was standing) which means that my direction of travel was not linear toward the officer (Ive heard that the radar or laser gun has to be on the same vector as the direction of travel.)

Hills, dips, etc are only going to benefit the reading ...
by Memo1
Fri Apr 10, 2015 8:34 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

You're almost there! Just a few insights to ensure you're perfectly clear.

The officer's notes DO matter. If the officer makes no mention of 84km in his notes but only refers to the speed you were charged with, then you can use that to raise reasonable doubt if he testifies to a different speed. In that case, the prosecutor also can't 'amend up ...
by Memo1
Fri Apr 10, 2015 7:09 pm
Forum: General Talk
Topic: Representative?
Replies: 3
Views: 2011

Re: Representative?

It shouldn't be an issue for you to represent her, you'll just have to show it's with her permission. Either she'll need to attend to verify that or you'll want some kind of signed note from your wife authorizing you to act on her behalf.

Stanton, could you please explain what representatives can do and what they cannot do?

Can they request ...
by Memo1
Fri Apr 10, 2015 6:28 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

What should be on disclosure request in case of speeding?

Could someone please advise me what should be on disclosure request in case of speeding?

I was given a ticket for speeding 70km/hr in 60 zone but, according to the officer, the speed was 84 km/hr. He did not show me the reading though. Also, it looks like he started clocking me BEFORE I was going up (the rode dips and rises to where officer was ...
by Memo1
Fri Apr 10, 2015 6:01 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: Must the police officer show the driver the laser readin

The side of the road isn't a courtroom. You are simply being charged. You haven't been convicted of anything.

Sometimes the officer will show the reading, but that's up the the officer. He's under no obligation to prove his case to you.

I'd agree with Stanton in that the mention of showing the device in that particular case wasn't going to swing ...
by Memo1
Fri Apr 10, 2015 5:39 pm
Forum: Failing to obey signs
Topic: Question on Video evidence
Replies: 6
Views: 4276

Re: Question on Video evidence

saftyfirst wrote:I just got out from my 2nd court appointment and would like to share the result.
Because officer could not provide video evidence, my case is withdraw. Free to go yay !
Congratulations! Could you please share your disclosure request (w/o personal details)? Thanks.
by Memo1
Fri Apr 10, 2015 3:59 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: If a cop claims that your speed was 84 km/hr in 60 zone

As per the Winlow decision, the prosecutor must give you the Winlow Warning (notice) BEFORE you are arraigned (i.e. enter your plea). While the prosecution can certainly notify you of their intention to 'amend up' (Winlow Warning) anytime before you plea, in practice they usually wait to see you in person---either at your resolution meeting or on ...
by Memo1
Fri Apr 10, 2015 1:25 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: Must the police officer show the driver the laser readin

The JP in the cited case was simply reviewing the officer's evidence. I wouldn't say it was actually relevant to the decision.

So, basically any police officer can claim anything and in the court of law their claims are believed and drivers claims are ignored.

Realistically that's how Court works. It's one person's word versus another's. There ...
by Memo1
Fri Apr 10, 2015 12:40 pm
Forum: General Talk
Topic: If a cop claims that your speed was 84 km/hr in 60 zone
Replies: 59
Views: 30187

Re: Must the police officer show the driver the laser readin

No, there is no requirement for them to do so.

Thanks for your reply, Stanton. So, basically any police officer can claim anything and in the court of law their claims are believed and drivers claims are ignored.

Im just wondering why then in that case ( http://www.canlii.org/en/on/oncj/doc/20 ... ultIndex=1) the police officer did show the ...