NEW THREAD started - copied from another thread - "adding onto" another members thread. Picture/file deleted as too large HTA Moderator HB
NEW THREAD started - copied from another thread - "adding onto" another members thread.
Picture/file deleted as too large
HTA Moderator
HB
slow poke wrote:
hello,
after reading previous I have similar situation. cop was parked in private drive way. a T situation. a group of cars passed him doing the same speed infornt of his cruiser bumper. i was the last car. he came after and pulled me over as i was the easiest one to pull over.
I asked the officer to see the radar reading he said "NO it was in his crusier". I aslo asked since there was a group of cars how did he relate the reading to me. he said he observed my car going 61 in a 40. I also mentioned my record was spotless. i got the ticket anyways.
the cruiser was unmarked dark blue crown VIC. I assuem the redar is traditional and not LIDAR. please confirm?
I intent to dispute. option 3. first i will talk to the procecutor then if no sucess go to court. good idea?
my questions
1) Can I mention that the officer denied me to see the radar reading and will that help me get off? ( violated my rights)?
2) normally you are coming at the cruser or going away. we were passing perpendiculat to it. does radar have the same accuraccy and can i address how the officer can identify me since so many cars passed him infront first and given the time to process a new reading?
3) does the officer beign parked on a private driveway infront of a side walk help me. does he have to be on public road or property when he does radar reading activities?
4) can i use the calibration angle. I read about it. i will ask when was his radar device last calibrated and if he checked if his radar device was with in calibration before he stared his shift. and when the next calibration is due and if not how does he know his reading was accurate? will that work?
thanks for all your help.
Sandro
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
You can mention it, but it won't help. Sorry to disappoint, but you do not have any "right" to see the reading. This is an internet myth. There is nothing in the Charter of Rights and Freedoms, the Human Rights Code, or any case law that says the officer has to show you the reading. You can ask, but they still don't have to show it. You have a right to disclosure of the evidence against you, including the officer's notes and the radar/lidar manual. He likely was looking at approaching traffic, estimated your speed and then confirmed it with radar/lidar. If he used lidar, he only had to aim it at your vehicle and pull the trigger, and he's got the reading. LIDAR or radar, he probably had a hand-held device. The officer has to visually estimate your speed first, then use the device. When he activated the lidar or radar, it likely confirmed his estimation. Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle. No. Proof of calibration of the device is not required for a conviction. However, the officer is required to test the device before and after the stop to ensure that it is working properly. It does not have to be immediately before and after (could be beginning/end of shift). The officer must also note the testing times. You'd only know this after you get disclosure of the officer's notes.
Radar Identified wrote:
slow poke wrote:
1) Can I mention that the officer denied me to see the radar reading and will that help me get off? ( violated my rights)?
You can mention it, but it won't help. Sorry to disappoint, but you do not have any "right" to see the reading. This is an internet myth. There is nothing in the Charter of Rights and Freedoms, the Human Rights Code, or any case law that says the officer has to show you the reading. You can ask, but they still don't have to show it. You have a right to disclosure of the evidence against you, including the officer's notes and the radar/lidar manual.
slow poke wrote:
2) normally you are coming at the cruser or going away. we were passing perpendiculat to it. does radar have the same accuraccy and can i address how the officer can identify me since so many cars passed him infront first and given the time to process a new reading?
He likely was looking at approaching traffic, estimated your speed and then confirmed it with radar/lidar. If he used lidar, he only had to aim it at your vehicle and pull the trigger, and he's got the reading. LIDAR or radar, he probably had a hand-held device. The officer has to visually estimate your speed first, then use the device. When he activated the lidar or radar, it likely confirmed his estimation. Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle.
slow poke wrote:
3) does the officer beign parked on a private driveway infront of a side walk help me. does he have to be on public road or property when he does radar reading activities?
No.
slow poke wrote:
4) can i use the calibration angle. I read about it. i will ask when was his radar device last calibrated and if he checked if his radar device was with in calibration before he stared his shift. and when the next calibration is due and if not how does he know his reading was accurate? will that work?
Proof of calibration of the device is not required for a conviction. However, the officer is required to test the device before and after the stop to ensure that it is working properly. It does not have to be immediately before and after (could be beginning/end of shift). The officer must also note the testing times. You'd only know this after you get disclosure of the officer's notes.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle. . Specifically if you were the last is the easiet to obtain a reading. Just wait until the other vehicles have went passed and your vehicle is the only one to "clock". Don't even have to even activate radar on previous vehicles, just the last vehicle, which in this case was yours.
Radar Identified wrote:
slow poke wrote:
2) normally you are coming at the cruser or going away. we were passing perpendiculat to it. does radar have the same accuraccy and can i address how the officer can identify me since so many cars passed him infront first and given the time to process a new reading?
Your vehicle was also the closest one to him and radar will return multiple signals, but can distinguish between them. So if you were going 85 and the driver in the passing lane was going 70, his radar might've flipped between readings like this: 85, 70, 85, 70, 85, 70... and he sees you're the faster one, so you're toast. LIDAR is target-specific so it would've pegged only your vehicle.
.
Specifically if you were the last is the easiet to obtain a reading. Just wait until the other vehicles have went passed and your vehicle is the only one to "clock". Don't even have to even activate radar on previous vehicles, just the last vehicle, which in this case was yours.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
a big thanks to donut Police for your help and the reality of my situation and potential (4) defense tacktics. That would have not worked. I had better come up with a sympathy angle and hope I get it reduced to 15 over and no points. at least I am prepared for the proceutor meeting I will have next week. thanks again. This web site is a great help to firstly overcome your emotions after getting a ticket, and to be set strainght on how one can dispute it, or even if one has a chance in hell. Sandro
a big thanks to donut Police for your help and the reality of my situation and potential (4) defense tacktics. That would have not worked. I had better come up with a sympathy angle and hope I get it reduced to 15 over and no points. at least I am prepared for the proceutor meeting I will have next week. thanks again.
This web site is a great help to firstly overcome your emotions after getting a ticket, and to be set strainght on how one can dispute it, or even if one has a chance in hell.
Message for Hyw bear sorry for adding my post onto the other persons I was so inspired by theres I was not thinking of proper edicate about adding mine, since mine was now post and not a reply to theirs. again this is a great web site I will pass it along to my friends shoeul they ever get a ticket. It will hlep so many confused people. feel comfortable thay they are not alone and they can try to dispute a ticket or get inspired. slow poke
Message for Hyw bear sorry for adding my post onto the other persons I was so inspired by theres I was not thinking of proper edicate about adding mine, since mine was now post and not a reply to theirs.
again this is a great web site I will pass it along to my friends shoeul they ever get a ticket. It will hlep so many confused people. feel comfortable thay they are not alone and they can try to dispute a ticket or get inspired.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
