Search found 6 matches
- Fri Nov 17, 2017 10:41 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Possible Logic Win?
- Replies: 10
- Views: 2867
Re: Possible Logic Win?
So quick little update for those who care: I got my case adjourned to due lack of disclosure which ended up being because the prosecutor gave me the wrong owners manual. However, when I was at my trial i spoke to the officer and he clarified that he had actually used a laser device, and in going through some of my case law from my earlier defence, I found something that mentioned having to measure a laser device against a moving object opposed to a stationary one (i.e. a wall) and also having to compare laser readings to a radar. However, I believe (correct me if I'm wrong) that laser devices ...
- Wed Nov 15, 2017 11:00 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Possible Logic Win?
- Replies: 10
- Views: 2867
Re: Possible Logic Win?
argyll wrote:The testimony is that he attended a course and was certified in the use of the radar. He has 'foundation' because he was there for the course knows he passed it and will testify that he did his checks. And he doesn't need to be an expert - that's the instructor who you would have to call as a witness.
You are asking a judge to basically throw out every speeding ticket in Ontario. it isn't going to happen.
I appreciate your reply.
However, I'm not asking for much from the courts. I'm simply asking to provide the certificate of his qualifications?
Again, thanks for the reply.
- Wed Nov 15, 2017 12:17 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Possible Logic Win?
- Replies: 10
- Views: 2867
Re: Possible Logic Win?
Courts will accept an officer's testimony that he has been trained. According to Regina v. Vancrey, [2000] O.J. No. 3033 (Ont. C.A.) "In that case [DAstous v. Baie Comeau, supra.] the court held that judicial notice could be taken of the fact that radar is used to measure the speed of automobiles and that the principle upon which it is based can be found in any encyclopedia. However, in each case, the Crown must still prove that the particular radar device was operated accurately at the time. To do that the Crown must show: - The operator was qualified: he followed a course, he passed an...
- Tue Nov 14, 2017 6:10 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Possible Logic Win?
- Replies: 10
- Views: 2867
Possible Logic Win?
Hi there, so a little background: a few months ago I was pulled over on the 403 and given a ticket for doing 136 in a 100. This was my first ticket. I got my trial date for Oct. 27 and I filed for disclosure and didn't receive anything. A week before my trial I called and they said they tried to contact me and nothing happened. I requested my trial be adjourned and it was. It is now scheduled for Nov. 16. In my disclosure, I received officers notes and a few pages from the radar manual. That's it. It is my understanding that in order for radar evidence to be used, the officer must be properly ...
- Sat Oct 21, 2017 4:58 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 136km/h in a 100km/hr, possible win?
- Replies: 6
- Views: 2649
Re: 136km/h in a 100km/hr, possible win?
Decatur wrote:It appears that he simply tested two different speed measuring devices. One a laser and the other a moving radar.
Sorry I didn't specify that the blacked out name isn't his name. So it wouldn't be him testing this device.
- Sat Oct 21, 2017 1:52 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 136km/h in a 100km/hr, possible win?
- Replies: 6
- Views: 2649
136km/h in a 100km/hr, possible win?
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date adjourned to Nov. 16. Now after going through my disclosure I immediately thought everything was done by the books and was quite let down until I stumbled upon something. In my disclosure I asked for the make, model, serial number and manual of the radar device used, as well as the officers training record...