Speeding ticket based upon calculations

jsherk
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Re: Speeding ticket based upon calculations

Unread post by jsherk »

If the officer says the speedometer matched the radar in the car, then they need to prove the radar was calibrated. Of course they do this by saying they followed the manufacturers instructions, which say press the test button and then check to see if the speed on radar matches the speedometer.

They test the radar by checking it with speedometer. They then check the speedometer by checking it against the radar. Anybody see a problem with this? Anyways, you then need to convince the JP that just because the speedometer and radar are the same, does NOT mean that either is accurate. It just means they are both equally inaccurate. Without an external test to confirm one or the other is accurate, then they can not be assumed to be accurate just by testing against each other. Unfiortunately our court systems do not seem to use logic, so this is a hard argument to convince anybody of.
+++ This is not legal advice, only my opinion +++


screeech
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Re: Speeding ticket based upon calculations

Unread post by screeech »

You are too hung up on the radar thing...in this case the officer won't even need the radar


nometalgear
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Re: Speeding ticket based upon calculations

Unread post by nometalgear »

Thanks Screeech and Jsherk,

If he had a radar he has no reason not to use it, as its a cutting edge technology. I've had a friend of mine stopped with high rate of speed ticket and was taken off cuz officer didnt have a radar on him and was based on his opinion. officers lie too, we all know that and the JP knows that. thats the reason radar is invented and the reason they have periodical calibration, otherwise they would not even put radars and cameras on their cruisers if people can get tickets based on officer observations.

again, officer was waiting for a motorcycle to come. he should be ready on the road to use his technology to catch the speeding motorcycle, there is no reason not to. if im not mistaken.


jsherk
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Re: Speeding ticket based upon calculations

Unread post by jsherk »

Thats is not a good argument in my opinion.

Speeding is a specific number above the posted speed limit (lets use 120 in a 100). So the officers opinion that you were doing 120 does not cut it.

However you are facing a disobey sign charge. So now the officer's opinion is not about a specific speed, but just that you were going faster than the posted limit. So the JP will MOST LIKELY believe the officer.

Now if you can find some case laws where the officers opinion of speed was thrown out (even with speeding tickets) then this would be good case law to bring up in your situation to help sway the JP back to your side.
+++ This is not legal advice, only my opinion +++


screeech
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Re: Speeding ticket based upon calculations

Unread post by screeech »

Actually, you don't need radar, or lidar to prove speeding...the actual number given to the speeding charge is for sentencing purposes only...So, yes, the officer's opinion can cut it when he can state a motor vehicle was speeding...officer cannot say 120 in a 100 zone and give a ticket for that, however, the officer can say the motor vehicle was speeding-based on his observations-ipso facto disobeying a sign as in this case...


nometalgear
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Re: Speeding ticket based upon calculations

Unread post by nometalgear »

Thanks for your replies,

So I guess the officer was smart to give me the disobey legal sign rather than speeding since its near to impossible to throw it off.

I'm going to keep researching, is there a way to find out about cases and precedents in courts online?

Regards,
NM


jsherk
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Re: Speeding ticket based upon calculations

Unread post by jsherk »

A lot of case law is available here for free:
http://canlii.org
+++ This is not legal advice, only my opinion +++


nometalgear
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Re: Speeding ticket based upon calculations

Unread post by nometalgear »

Anyone can walk me through the steps of obtaining OPP vehicle calibration records and service records?

regards,
NM


jsherk
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Re: Speeding ticket based upon calculations

Unread post by jsherk »

They do not think they need to provide them, so most likely you wont get them.

But I am still working on those anyways... just had a motion to try and get those but was denied by JP. My next step will be Charter challenge at the next trial date. Then hopefully onto Appeal court at some point to try and get a Judge to agree they need to be released.
+++ This is not legal advice, only my opinion +++


argyll
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Re: Speeding ticket based upon calculations

Unread post by argyll »

You can ask for them in disclosure. You won't get them so you'll then have to convince the Justice that he should order the Crown to get them for you.

He won't.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


screeech
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Re: Speeding ticket based upon calculations

Unread post by screeech »

Please post the reply you get from the OPP or from the courts on this request...


nometalgear
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Re: Speeding ticket based upon calculations

Unread post by nometalgear »

i requested the disclosure, only received the officer notes.


nometalgear
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Re: Speeding ticket based upon calculations

Unread post by nometalgear »

Thanks everyone for your comments,

im preparing for my trial date beginning of January. I haven't yet requested information regarding the vehicle, if any of you could walk me through the process I deeply appreciate it.

Best regards,


jsherk
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Re: Speeding ticket based upon calculations

Unread post by jsherk »

Most likely they wont give you any information about the vehicle. You can ask, and you should say why you think it is relevant and then when they don't give it to you, it gives you one more reason to win on an appeal.
+++ This is not legal advice, only my opinion +++


nometalgear
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Re: Speeding ticket based upon calculations

Unread post by nometalgear »

jsherk wrote:Most likely they wont give you any information about the vehicle. You can ask, and you should say why you think it is relevant and then when they don't give it to you, it gives you one more reason to win on an appeal.
So basically you're saying that I should ask for this information at the court date?

thanks


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