OHTA.ca

Hi all,

For those of you experienced with reading police officer's notes, can you please tell what is being written here? I requested through disclosure but have no idea what words / short forms to look for. Basically, was the testing of the laser device successful? My court date is December 17..

Thank you very much!

Request typewritten notes as they ARE pretty hard to read--even for experienced folks. More than likely though, they will simply allow you to speak with the officer so that he/she can over them with you. The officer performed thorough tests both times---once at 7:45pm on Aug. 31/14 and then at 2:50am (on Sept. 1/14). So, check to make sure your ticket time falls within that time frame. The officer's notes (while difficult to read) DO indicate that he performed very thorough tests---he even gives the results of his device tests---not just the typical comment of "device tested ok"-----so, the officer will undoubtedly be able to testify on the specifics of his testing and will be believable because of his detailed notes. Considering your speed was reduced, you may therefore wish to consider whether a plea is better for you since the officer's testimony will undoubtedly be pretty good---his notes are very thorough. However, that said, there does not appear to be any mention of whether he lost sight of your vehicle or had any communication/observations with you, etc., or even how he ID'd you. Perhaps you simply didn't attach those. If that is all the notes that exist, then that those topics are probably your best line of defence----either to make a motion of non-suit or to use on cross-examination.

highwaystar wrote:Request typewritten notes as they ARE pretty hard to read--even for experienced folks. More than likely though, they will simply allow you to speak with the officer so that he/she can over them with you. The officer performed thorough tests both times---once at 7:45pm on Aug. 31/14 and then at 2:50am (on Sept. 1/14). So, check to make sure your ticket time falls within that time frame. The officer's notes (while difficult to read) DO indicate that he performed very thorough tests---he even gives the results of his device tests---not just the typical comment of "device tested ok"-----so, the officer will undoubtedly be able to testify on the specifics of his testing and will be believable because of his detailed notes. Considering your speed was reduced, you may therefore wish to consider whether a plea is better for you since the officer's testimony will undoubtedly be pretty good---his notes are very thorough. However, that said, there does not appear to be any mention of whether he lost sight of your vehicle or had any communication/observations with you, etc., or even how he ID'd you. Perhaps you simply didn't attach those. If that is all the notes that exist, then that those topics are probably your best line of defence----either to make a motion of non-suit or to use on cross-examination.

Thanks. I did not attach one sheet where there are some identification information (see attached; personal info erased to protect those involved). Your further advice is appreciated.

The officer has very good notes---but they ARE hard to read due to their penmanship. However, they clocked you at 70km but reduced it to 65km in a 50km zone. In other words, he/she reduced it to an offense with no points and a lesser fine. There are no glaring errors in the officer's notes. In fact, given the detailed checklist the officer provides, I suspect his/her testimony will actually be quite good given such detailed notes. After all, his/her recollection will undoubtedly be quite refreshed from such notes. As such, its quite likely the JP will believe the officer's testimony.

Still, if you are intent in going to trial, you could try to cross-examine the officer on why he didn't provide your ID info in his notes (and whether he can recall what you were wearing, your Driver's license number, any communication exchanged, whether he lost sight of you, admissions made, etc.). However, the reality is that those are not critical----and the JP will probably be satisfied with the officer's testimony that he recalls assessing those things at the roadside and would only make a notation if anything was awry.

Thanks I have booked an appointment to see the laser testing manual and requested the typed notes from the officer. I agree that the notes looks plentiful. The only thing I think maybe to my advantage is that I got clocked going around a curve and, at that time of the year, there are still lots of tree branches that could impede the laser and affect the accuracy of the measuring device. It appears to say that he clocked me 153 meters out, but I think that stretch of road is not straight (though he states that it is).

Tree branches that may impede the laser will not affect the accuracy at all, only the range. If you were going around a corner, there may be more of a cosine effect which would make your actual speed higher than what was displayed on the laser.