I don't think the officer needs to justify what they were doing in that area...it will certainly not be anything that could be used in a defence...You do have the right to disclosure, including the video, if any, but that is all...

The curve in the road may actually lower your speed. The speed is more accurate the more straight on it is...the curve will never give a false high reading...and the headlight argument is no good either...

82(6) does not apply...that is for an officer who wants a vehicle to attend for an inspection and such...
The officer had the driver attempt to show the emergency brake was working 3 times...apparently it failed all 3 attempts...The officer does not need to be certified...the inspection report was not provided as the officer is not, in all likelihood, a certified inspector and it will be no defence that an inspection report was not provided...

There is close to a 100% chance you will be offered a lesser charge...

Unless I am wrong, the charge comes from the parking brake not working properly...it will be a hard sell in court to have the JP believe the parking brake was checked during the pre trip inspection and found to be working properly and later in the day it was not working...let me kick a hornets nest here...Even if the driver did a proper pre trip inspection, O Reg 199 Section 8: On-going Monitoring: "A driver shall monitor the condition of each commercial motor vehicle and trailer he or she is driving, drawing or in charge of to detect the presence of a major or minor defect" so, the ...

Most people have cameras on their phones, a picture or two will do quite fine in court, or the officer can take the document back to the office to photocopy or have the cmv attend the nearest inspection station for an inspection where there will be a photocopier, all of which depends on the location of the stop and other factors...I am aware of the best evidence rule yes it is the best, but, as noted by the op, there is a requirement to turn it in to the carrier...it is obviously not a perfect situation...

Yes, that is why the officer should not have taken the log page, as it need to be turned into the Carrier...Officer was probably thinking of rules of evidence and seizing it to be able to produce it later in court if needed...again, the officer should have copied it and left the original with the driver...For now, if I were you, I would get the driver's remaining copy of that day's log page, copy it and keep it with your records, as is required, with a written note on in that the original was seized by officer #, and what the ticket numbers were that were associated to that stop so if you are ...

It recognizes a sweep error as it is happening and won't display a reading...it will then get another reading on the other part of the vehicle, if the next readings are in agreement it will display the reading...

No, it is not my personal theory...one lidar reading is compared to the one before it...there needs to be a few readings in agreement to produce a valid reading...if there is a sweep error the difference in the readings would be noted and tossed out (by the lidar)...just dumbing it down a bit...

I doubt there is anything on the ministry site about that...more of a procedural thing, there is nothing in law that says they can't seize it, they just shouldn't seize it...if you are looking to beat the charge because the officer took that page it won't work...

I do not know what the field of vision will be...there may be sweep error if the lidar was being moved while getting a reading...the average of least squares will guard against the sweep errors...sweep errors is more common when hitting the side of a big target such as a tractor trailer, taking a shot along the long box trailer...if the lidar hit the front plate, or headlight there is very little chance of sweep error...if you move from the front grill area to a higher point further back while taking a reading then it is possible, but I still say with the operator's training and experience tha...

Either way, officer shouldn't have taken the log page or the inspection page (if they are separate)

Bottom line on this one, as I see it: Very good notes, officer is an operator and trainer, looking at badge # I will guess this person has years of experience, the technical arguments being raised are not good...with his training and experience things like how wide is the beam, sweep error or visibility at night can be easily explained...I say talk to prosecutor and see what kind of deal they will be willing to give...perhaps lower speed down to 3 points or even disobey sign at 2 points...

The officer can use the regular sight or flip the other one over if they want the 8X magnification...operator preference

Well, if you look at the disclosure notes you will see that the lidar used was the Laser Atlanta Speed Laser which does, in fact, have it...