Search found 16 matches

by gar
Wed Jul 25, 2012 12:13 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

just want to let you know that the charge was dropped by the Crown at the count today because the officer did not present. I was the first one to be called in front of JP and was told FREE TO GO. I am one of those lucky guys!
by gar
Fri Apr 06, 2012 12:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

I don't agree with what you were told. If you went to trial knowing that you had improper or incomplete disclosure, the Prosecutor would probably argue that's your problem, and that you should have taken care of it before trial. My question: How long has it been since the date of the offence? Thanks for that. But do I have an argument that how did I know the office had additional notes which had not been disclosed to me? How should I know the office's disclosed notes was incomplete ? I did not have to ask the officer to clarity it prior to trial, right? I think the same theory may apply to th...
by gar
Fri Apr 06, 2012 1:45 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

I went to the court yesterday. Here is what happened. When the Crown offered me a "no point deal", I said I would like to know if the office has any other notes relating to my case that has not been disclosed to me yet. He said not as he is aware of. I said I could not take his offer. Just before my trial, the JP wanted to have a recess. I took this chance to ask the Crown to allow me to verify some information with the officer. He said OK but no to challenge the office. I asked the officer for the question of the additional notes. The office said yes and showed me the memo book. The...
by gar
Sun Mar 25, 2012 11:57 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

Thank you guys! When Crown offers me a deal of 15 over before trail, this is what I am going to do: - I would like to read the relevant parts of the officer's Memo book notes, a diary of what the officer did throughout the day in question, to see if he wrote down anything about the radar tests at the beginning and the ending of his shift. - If he did write down the tests, I will take the deal. - If he did not write down the tests (means he will solely relay on his memory), or the crown's offers is 16 over, go to trial to take my 50% chance, at least to make the system works for my money. I hav...
by gar
Thu Mar 22, 2012 9:15 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

I recently read in CanLii two cases of similar speeding offence but completely opposite verdict. Durham (Regional Municipality) v. Galluzo, 2011 ONCJ 367 and Durham (Regional Municipality) v. Zhu, 2011 ONCJ 193. In both case the officers did not include the test(s) or testing time in their notes but testified in Court that the tests were their usual practice. while in Durham v. Zhu the JP can not take officer's usual practice as a prove beyond the reasonable doubt that the test was done and Mr. Zhu is found not guilty; the JP in Durham v. Galluzo is satisfied that the evidence provided by Offi...
by gar
Thu Mar 22, 2012 8:18 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

paul1913 wrote:For sure print the entire thing. Make 3 copis on for you to refer to one for crown and one for JP. I would high light and put tabs on where the parts you want them to look at.
thanks a lot! may meed to kill a small forest!
by gar
Thu Mar 22, 2012 12:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

can anyone give me some advice? also, can I highlight the paragraph that I think JP should pay attention to?
by gar
Fri Mar 16, 2012 12:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

how to provide case law at court

My trial date is approaching and I want to prepare some case law to be presented at trial.
Can I print the documents from Danlii and give the copies to JP and Crown at the court?
When I print them, do I have to print the complete document or I can just print the part that concerned? Some of the case law has some 20-30 pages but only a part of them is relevant to my case. Whethere a partially printed case law is accepted at the court?
Any advice?
Thanks.
by gar
Thu Mar 01, 2012 10:12 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

Simon Borys wrote:You may be, that is completely within the discretion of the crown.
thanks a lot!
by gar
Wed Feb 29, 2012 11:58 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

If the office produces another note at the trial to say that he did test the unit before and after he clocked me, is that admissible to the court, since he never provides me with that part of his note as the disclosure before the trial? Notes are not evidence at a trial, the officer's oral testimony is. Your question should be, "Will the officer be allowed to testify about the testing since that wasn't disclosed?" If you make a stink about it, the answer is probably not. But your remedy then will likely just be an adjournment for you to review the new disclosure. You get to come bac...
by gar
Tue Feb 28, 2012 1:12 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

1) If the radar was not tested, the readings should be excluded as it raises reasonable doubt that the device was operating correctly. The only problem is that the officer may have notes in regards to testing, but failed to disclose them (they tend to copy the notes relating to the stop but sometimes forget the separate testing times). If there are no notes, that should be sufficient for reasonable doubt. 2) I was under the impression that the requirement for tracking history has been eliminated. It was briefly added to the operator manuals in Canada and quickly removed a few months later. Yo...
by gar
Mon Feb 27, 2012 10:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

hwybear wrote:
gar wrote:
Decatur wrote:gar- Please remove my comments from this post as they are from another un-related post.
How to remove it ? I do not know what to do.
I actually asked this question under a different topic but it turned out to be here.
gar - I moved the above post from the other thread to here as you are to keep your incident isolated to yours only, this prevents cross-contaminantion of information
hwybear- Now I understand, thanks for doing that. Any advice on my case? I have never been to a courtroom and English is not my native language. Hope I can get some help from this forum.
by gar
Mon Feb 27, 2012 6:41 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

Decatur wrote:gar- Please remove my comments from this post as they are from another un-related post.
How to remove it ? I do not know what to do.
I actually asked this question under a different topic but it turned out to be here.
by gar
Mon Feb 27, 2012 11:45 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Re: shall I go to trial or make a deal if offered ?

Any advice on those questions?

Anyone knows the link to download the manual for Genesis VP Directional?

thanks a lot.
by gar
Sat Feb 25, 2012 4:34 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: shall I go to trial or make a deal if offered ?
Replies: 27
Views: 5986

Genesis VP Directional

Decatur wrote:#1 This link to the manual is for the US manual and should not be relied upon for use in Canada. They are quite different.
#2 The Genesis II SD can not display the speed of more than one target at a time. They can track and indicate whether the vehicle is travelling towards or away from the police vehicle from both front and rear antennaa(if equipped)
Do you have a link to the manual for Genesis VP Directional handheld for use in Canada?

thanks.

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