Testing After Traffic-stop Not Required For Laser Ally?
I returned from the Newmarket Court House with a family friend last Friday. OPP officer & sitting prosecutor told us that the officer did not need to test the Laser Ally after the traffic stop. The manual only requires them to test the device before the traffic stop.
We were given a copy of his notes and a copy of the testing pages for the Laser Ally. We were given a one week adjournment to review the manual.
Family friend was charged with Speeding 149 in a 100 zone at Hwy 407 & Pine Valley. This was not reduced, we were offered 129 in a 100.
I believe this is a gross misinterpretation of the manual. I also have a copy of YRP's Laser Atlanta manual from a different speeding charge in Newmarket and that too talks about testing the device before the shift. But the YRP officer testified under oath he tested the device after his shift, and also recorded this in his notes.
Both Laser Atlanta & Laser Ally testing pages do not say to test the device after the shift. But the essential elements for a speeding conviction in Ontario requires that the device be tested before and after the shift.
Is the prosecutor and officer incorrect here? Should we proceed to trial? Are there any laser manuals in Ontario that specifically state to test the device after the shift?
PDF Files
Laser Ally Testing Pages Officer Notes Laser Atlanta Full Manual Laser Atlanta Testing Pages