police clocked me at 153km/h but put 156km/h cause of radar

unlucky
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police clocked me at 153km/h but put 156km/h cause of radar

Unread post by unlucky on

Hi

Got caught speeding on 401 near Brockville 50Km over the limit.

The police clocked me at 153km/h but put on the ticket 156km/h cause of radar tolerance.
I am a good boy with clean record. I was speeding cause someone put a time restriction on me. I was keeping an eye on the speedometer not to go over 140km/h. I dont know how I got over 150km/h.
I already paid close to $1000 for getting the car back after it being impounded. I live in Toronto.

I am not a stunter as the charge on my ticket says. I was speeding. If the charges are laid as per law,
it will cause me considerable hardship.

Did any of you had any experiences in Brockville with this 172(1) article?

regards
Unlucky


Stanton
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Unread post by Stanton on

unlucky wrote:The police clocked me at 153km/h but put on the ticket 156km/h cause of radar tolerance.
What do you mean by that? You think you were going 153? Or the officer actually said they got you at 153 but put 156 on the ticket?


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Unread post by Randalman on

If he was parked on an angle to the direction of traffic he is likley adding speed because of the cosign error. This would drop the speed indicated on the gun lower than the actual speed of the target because you are not driving directly toward the gun.


Stanton
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Unread post by Stanton on

Unlikely. Police aren't allowed to modify the speed based on what they believe the cosign error to be. The offence should be for the speed shown on the radar. And I really can't see an officer caring about an extra 3 km/h when the speed is already so excessive.


unlucky
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Unread post by unlucky on

Stanton wrote:
unlucky wrote:The police clocked me at 153km/h but put on the ticket 156km/h cause of radar tolerance.
What do you mean by that? You think you were going 153? Or the officer actually said they got you at 153 but put 156 on the ticket?
The police officer said he got me at 153km/h but because of the radar tolerance he put 156km/h.
He explained that to me personally. My knees buckled, cause he could have went the other way.


Stanton
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Unread post by Stanton on

I would request disclosure. I've never heard of police being allowed to raise speed readings regardless of cosine effect and/or radar tolerances. I think you would have good grounds to fight the charge since the Crown would have difficulty proving a speed greater then what the radar showed. I'd suggest consulting a paralegal.


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Simon Borys
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Unread post by Simon Borys on

He may mean that the radar registered you going at 156 but he locked it at 153. Just a thought...
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


unlucky
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Unread post by unlucky on

Simon Borys wrote:He may mean that the radar registered you going at 156 but he locked it at 153. Just a thought...

that is very kind of you to say, but that is not what happened.


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Unread post by Radar Identified on

Well if the officer says words to the effect of "I put 156 because of radar tolerance," a good paralegal or traffic lawyer would demolish him during cross-examination. For a serious charge like stunt driving, I'd recommend getting professional help.




* 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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