Search found 13 matches

by m4gician
Mon Aug 31, 2009 11:22 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

Just to update, I've filed 6 timely disclosure requests, none of them complete, with the last 3 not being responded to. So what I've done was file a stay application under section 7, I have a court date on Thursday, i'll update how it goes. One thing is that I have multiple defense strategies. 1) Stay application based on non disclosure 2) Objecting to use of Officer's notes because he does not have independent recollection 3) Highlighting that I have not received a manual that states the proper use of radar gun. 4) Highlighting that the officer did not sufficiently provide information the SPE...
by m4gician
Mon Jul 20, 2009 11:55 pm
Forum: General Talk
Topic: How do I bring up ERRORS in officers notes at TRIAL?
Replies: 4
Views: 1720

How do I bring up ERRORS in officers notes at TRIAL?

Hi guys,

I have errors in my officer's notes and evidence and after asking for will say statements, all that was provided was officers notes. There are errors, some about the description of my vehicle, some of the model of LIDAR used by the officer, how to I present these errors to the JP? DO I raise a motion or do I wait until cross examination?
by m4gician
Wed Jul 01, 2009 1:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

I have since made my additional disclosure request again requesting a typed copy of hand written notes, as well as the owner's manual for the specifc model of lidar that the officer claimed to have tested prior to his shift.

I asked for a log of all the tickets he has handed out that day as well and anything else that may be useful to me at trial. I will udpate when i get the details.
by m4gician
Tue Jun 30, 2009 5:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

Thank you. I'll ask for a will say statement and whatever else Neo asked for in his disclosure request. That translation was very much appreciated.
by m4gician
Tue Jun 30, 2009 10:46 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

hwybear wrote:
m4gician wrote:However, the shorthand is unreadable and this part basically pertains to the pulling over my of vehicle.
I can easily read all that ...that is actually very legible compared to some notes i have seen
Hi officer, would you be willing to translate and PM that to me? Being an officer, you'd probably understand more than what us normal folk think (http://www.redflagdeals.com/forums/show ... p?t=757721).
by m4gician
Mon Jun 29, 2009 3:53 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

Hey guys, First and foremost. I am attaching a picture of page 2 of 3 of my disclosure of notes. I can't read it, but numerous attempts to get typed notes from prosecutor have been denied, as well as the JP insulting me telling me that they are readable and that I need glasses. About me: I have 20/20 vision, training as a security officer (therefore I know how to write and read notes written in a notebook like this). However, the shorthand is unreadable and this part basically pertains to the pulling over my of vehicle. For my OWN protection I've blacked out the officers information as well as...
by m4gician
Mon Jun 29, 2009 3:03 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

I think my avenue in persuing the "officer wrote down testing model number doesn't exist" is basically going by the fact that if he wrote down and is adament that he did test a speed measuring device, he did not officially test the one he used to nab me. Therefore making it impossible for him to have measured my device accurately as he has testified to the fact that his notes are accurate and credible. At trial based on any further will-say statements I get, I'll try to discredit the officer by: - Improperly describing my vehicle and number of occupants - Citing that he believes his ...
by m4gician
Mon Jun 29, 2009 2:20 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

The manuals are pretty much the same across the board. All the testing procedures are almost exactly the same. You just need to read the manual for the Laser Atlanta....... If you find a hole, your path will shine........ooooooohhhhhhmmmmmm. :D Sorry, but to clarify you're saying that what they've sent me is sufficient in terms of laser testing and calibration procedure? How can I know that this is model specific? Also, my issue with the model not existing as written in the officer's notes, is that something I can pursue in court after creating doubt by having the officer wrongly describe my ...
by m4gician
Mon Jun 29, 2009 12:42 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

We are not allowed to give a "copy" of any part of a manual to anyone as it is a copyrighted. We have provided a manual at the court for someone to peruse thru if their so intent. Okay, but the JP in this case said "you are not entitled to the radar manual." Looks like he was going to deny him any access to the material when he should've ordered a stay. Crown could've said "hey I can't give you photocopies of the material due to copyright laws but you can come in and look at the manual," but they didn't do that. They gave him no disclosure or offers of it at all,...
by m4gician
Sun Jun 28, 2009 1:26 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

We are not allowed to give a "copy" of any part of a manual to anyone as it is a copyrighted. We have provided a manual at the court for someone to peruse thru if their so intent. What about the typed notes. How can I request that after a prosecutor has flat denied me them because he "doesn't ever ask for his officer to type notes" Over 12years, I have never typed notes out for traffic offences....ever. Come to think of it, I have never been asked to type notes out for criminal court either Thank you officer, your side story is helpful. But I really can't read and understa...
by m4gician
Sun Jun 28, 2009 12:29 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

hwybear wrote:
We are not allowed to give a "copy" of any part of a manual to anyone as it is a copyrighted. We have provided a manual at the court for someone to peruse thru if their so intent.
What about the typed notes. How can I request that after a prosecutor has flat denied me them because he "doesn't ever ask for his officer to type notes"
by m4gician
Fri Jun 26, 2009 10:31 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Is my fine incorrect for 41 over?
Replies: 1
Views: 1423

Is my fine incorrect for 41 over?

Hey guys, 141 in 100, what's my fine supposed to be?

Set fine ($6x41 = 246) is correct.

Total payable is $301

Based on $7*41 = $287 + $15 surcharge = $302 not $301

Is that a FATAL flaw and enough to get it tossed at my retrial on Sep 3?
by m4gician
Fri Jun 26, 2009 9:53 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 141 - Sep 3 court date (adjourned from June 4)
Replies: 24
Views: 7357

Speeding 141 - Sep 3 court date (adjourned from June 4)

hey guys, First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion. Feb 13 - Pulled over and issued ticket for Speeding, 141 going NB on 416 (towards Ottawa), filed for trial date, received it to be May 12th, 2009 (changed to June 4th 2009 because of JP unavailable on original date). Filed for ...

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