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No Radar In Sight - Should The Officer Have Shown Me?
Posted: Wed Jun 12, 2013 3:44 pm
by Kramer
My situation is similar to many posts with one twist. I was pulled over doing 79 in a 50 zone. I acknowledged to the officer that I put the vehicle in neutral and coasted down
the hill. I was surprised.
She reduced to 15km over.
When ticketed the officer was working with another senior officer (he never approached us). She told me it was within my rights to fight the ticket but if I did the crown would go for the original 79 in 50 zone. I took the ticket and thanked her.
I just figured I would pay it but later I was thinking. I never saw a radar gun nor did she show me it. Therefore, my question. Does not seeing a radar gun or not being offered to see it give grounds to fight this ticket?
Please note: I can't take a chance on this as I already have a conviction for amber. That's another story: I fought the red and it was reduced by the judge to amber. I am appealing this conviction based on the fact it wasn't safe to stop for an amber. Nonetheless, I am 3 points already.
Re: No Radar In Sight - Should The Officer Have Shown Me?
Posted: Wed Jun 12, 2013 4:04 pm
by daggx
No, there is no rule in Ontario that says the police have to show you the radar gun. Some police officers will show it to you as a courtesy but they don't have to, so the fact that she didn't in this case won't help you in court.
Re: No Radar In Sight - Should The Officer Have Shown Me?
Posted: Thu Jun 13, 2013 11:41 pm
by Kramer
Thank you for your advice. Helpful.
Re: No Radar In Sight - Should The Officer Have Shown Me?
Posted: Fri Jun 14, 2013 9:07 pm
by viper1
daggx wrote:No, there is no rule in Ontario that says the police have to show you the radar gun. Some police officers will show it to you as a courtesy but they don't have to, so the fact that she didn't in this case won't help you in court.
The poster says he never saw a radar gun?
I wonder about that, How can speed be determined.
I know the cops hide but every time there, is a radar gun, or something that looks like one.
In my opinion totally weird to see "No Radar gun"
Cheers
Viper1
Re: No Radar In Sight - Should The Officer Have Shown Me?
Posted: Sat Jun 15, 2013 7:31 pm
by bend
viper1 wrote:daggx wrote:No, there is no rule in Ontario that says the police have to show you the radar gun. Some police officers will show it to you as a courtesy but they don't have to, so the fact that she didn't in this case won't help you in court.
The poster says he never saw a radar gun?
I wonder about that, How can speed be determined.
I know the cops hide but every time there, is a radar gun, or something that looks like one.
In my opinion totally weird to see "No Radar gun"
Cheers
Viper1
The original poster never seen a radar gun because it was never going to be offered to her, not because it doesn't exist. Just because you weren't able to catch the reading in the act, doesn't mean it didn't happen. The officer isn't required to carry around the radar gun and show it to people. They don't need to record video of you going through a stop sign, they don't need to have witnesses to verify an illegal left turn, and they don't need to show you a radar gun to say you were speeding.