OHTA.ca

Hello folks!

So I have a court date set for February (few months away). Yesterday I received (incomplete) disclosure (I will request for the rest). I've read through it, and there is so much wrong with his notes, I'm wondering if he made it all up.

About the only thing accurate about his notes are my vehicle, the name of the street we were on, and the time of day. The location on the street, where he was, and what happened during that time is all completely false.

First:

He states that he observed me coming around a corner at street X, visually observed me going > 25kmh over, activated his device, took a reading at 79 and took a second reading at 80 as I finished the curve.

This "curve" between street X and the end of the curve is 100m. At 80kmh, that's 4.5 seconds to observe my speed, activate the device, and take TWO readings.

Second:

He goes on to say that he then turned on his lights and pulled to the right (he was going opposite direction), turned on his lights, and I did not stop. He U-Turned, continue to follow me, I did not stop. He sped up to me and I pulled into a parking lot and stopped.

This is entirely false. Yes, he pulled off to the right, but with no lights. I specifically watched for it. He u-turned behind me as I passed, and THEN turned on his lights as I decelerated to turn into the parking lot (where I work) and followed me into the parking lot.

Third:

He says I was rude and argumentative from the start.

Here's what actually happened. He walks up to my window, asks for license, etc. I give it to him. He asks if I know why he pulled me over, I reply "no". He walks away. A relative that works with me saw flashing lights so came outside and stood by my car to watch. He comes back with a ticket and says "Officers don't always know if they will give a ticket when they pull someone over but it's your attitude that decides." He hands me the ticket. He says he's charging me with blah blah blah traffic violation. At this point, I ask him what I did wrong and what was wrong with my attitude (I simply said "no" up until this point). He replies, "You should have known you were speeding". I figure he already thinks I'm rude for not admitting guilt, so I ask him how he knew I was speeding (to get info). He replies "with my mounted radar". I ask, "can I see it?". He says "I don't know if I locked it". I ask to see it (I know he doesn't have to show me). He agrees. Both myself, the officer, and my relative, walk over. It's all 0's. He leaves, I walk in the building.

I'm not really sure what to do here. I know I can easily fight his statement based on the timing he indicates, and he can't do all that in 4 seconds. But the location of where on the street this took place is entirely inaccurate and he's lying about what happened and that he had to chase me. When it comes down to that, it's his word against mine...I have no chance with that.

Any suggestions would help.

I'm going to disagree about the timing. Radar/laser readings are near instantaneous. Four and a half seconds should be more then enough time to get two speed readings.

I've had the opportunity to use LIDAR and radar. I was able to take 2 readings less than second apart. My suggestion would be to avoid trying to go the route of "he couldn't have done it in 'x' seconds" if you want to fight this charge.