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.
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.
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.
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?
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.
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.
So basically you're saying that I should ask for this information at the court date?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.