139 In 90 Reduced From 140/141, Error In Officer Notes
Hi guys,
I have my trial date coming up next week. I got a ticket in North Bay, ON for driving 139km/h on a 90km/h. He was using a Genesis II directional radar. Tested it before and after the stop according to the notes. In his notes, he mentions the speeds that were displayed on the radar which were 140, 141, and 139. In his notes, he also mentions that the color of my car was blue when it is actually grey:
In the same notes, he also mentions that the radar was tested and that it was "working properly". From my assumption, he will be using the notes to recall what took place on the day of the event. Can I use the error in his notes regarding the color of the car to say that there is not enough evidence to confirm whether the device was tested or not? Mainly because he is using the notes to recall and if there is something wrong with some part of the notes we are unsure what else is wrong and therefore unsure if device was actually tested. Would this strategy work or can the officer come up with another claim or testify on the stand that he did test it without actually having to prove it?
Also, prosecutor recently sent me an email saying that during trial they will be appealing to have the charge increased to what the max is in the officers notes which is 141km/h in this case which will make my speed >50km/h than the speed limit. Again, would I use the above error to say that notes are inaccurate or just because there is one error doesn't mean everything else is wrong as well?
If I do not have a case here then I should just take whatever deal the prosecutor offers me on the day of the trial? Let me know what you guys think any suggestions are appreciated. Thanks!