Search found 11 matches

by Helper
Mon Jan 24, 2011 10:19 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: ANY Assistance Would Be Appreciated!
Replies: 16
Views: 2772

Re: ANY Assistance Would Be Appreciated!

Firstly, file your papers to go to court. Ask for a first appearance with the prosecutor...let him/her show her hand first. Explain that you believe that you were one of several vehicles on the road that night and you believe that you car was inadvertently targeted...the prosecutor won't care but ma...
by Helper
Mon Jan 24, 2011 10:13 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 4392

Re: Am Devastated with Speeding Charge

:evil: Well it's the final installment... I took the prosecutors' offer of a reduction to 95 in an 80 (no demerits and only a $45 fine). It really upset me to do this...and I was going to ask for a stay for lack of disclosure...the JP that day was not a friendly type. I had even prepared a Factum wi...
by Helper
Sat Jan 01, 2011 10:16 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 4392

Re: Am Devastated with Speeding Charge

Well, here's the next installament. Aug 30 - hand delivered disclosure request to courthouse and had it stamped Oct. 5 - called Prosecutors office and left message regarding disclosure (no reply) Oct. 14 - copy of disclosure request given to prosecutor by hand durin first court appearance (At that t...
by Helper
Sat Dec 18, 2010 1:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 8 Situations?
Replies: 3
Views: 1003

8 Situations?

I was recently speaking to an OPP police officer regarding speeding and radar. He stated, that during training, officers are told that there are 8 situations where radar should not be used! Does anyone know what these 8 situations are? I didn't have a chance to finished my conversation with him rega...
by Helper
Fri Oct 15, 2010 6:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 4392

Are these options still open

The prosecutor told me that she did not 'close' the reduced penalty offer therefore can I... File another disclosure request specifically asking for items again and include citings to case law specifics and then proceed to my January court date? If I decide to take the offer by the prosecutor, must ...
by Helper
Thu Oct 14, 2010 3:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 4392

Court Date Today

I attended court today knowing that I would ask for a postponemen...I did not receive any disclosure until it was handed to me today. Now all I got was a copy of the trial request, a copy of the ticket and some very brief notes from the officiers log. I was shocked when I noted that the officer reco...
by Helper
Wed Oct 06, 2010 11:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Eye Sight question in court
Replies: 3
Views: 1110

Undue Predjudice

The officer that pulled me over and charged me has recently been in several news articles related to speeding and speed blitzs in his area. Can I question him on the professional benefits to his career by taking part in such activities. Can I bring forward the fact that because of his active partici...
by Helper
Tue Oct 05, 2010 6:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Eye Sight question in court
Replies: 3
Views: 1110

Eye Sight question in court

If the officer that charged me with speeding took TRAFFIC HISTORY as required (visual sighting and estimation of speed), states that this was a jusitifiable cause to engage the radar, then could I argue that his eye sight was a tool in speed enforcement? If his eye sight is a tool, then am I correct...
by Helper
Sat Jul 03, 2010 1:23 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Prosecutor gave me minimal disclosure!
Replies: 5
Views: 1726

Lack of Disclosure

http://www.canlii.org/en The above site can help you research your case law. There are several cases related to Toronto Police Services not being forthcoming with disclosure documentation and the judge ordering them to disclosure. Remember, you are within your rights to ask for the same documentatio...
by Helper
Sat Jun 12, 2010 7:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 4392

Judicial Notice of Moving Radar in Ontario

I have read case law where stationary radar and photo radar have judicial notice in Ontario. I have also found information regarding Lidar radar not having Judicial notice. I was wondering if someone could advise me (and refer me to documentation) regarding moving radar and whether it has judicial n...
by Helper
Fri May 28, 2010 8:13 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Am Devastated with Speeding Charge
Replies: 19
Views: 4392

Am Devastated with Speeding Charge

To begin...35 years with NO charges. Wednesday, travelling south on Hwy 28 from Peterborough...aware of the construction and different posted speed areas, was charged with 110 in an 80! Officer was oncoming in a police cruiser, outside temperature 34 degrees around 1:30 pm. Traffic was moderate and ...

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