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Well, I received the disclosure, where opp's notes are pretty detailed. What should I do?
Well, the question is, that there is a lot of words in disclosure: they attached OPP's CV with about four pages of his special courses on how to catch fellow riders on the LIDAR, plus standard Radar testing procedure, plus OPP's notes on the day...
1. I cannot understand, which Radar did OPP exactly use
Thanks for advice, if any...
Slogan
Last edited by slogan; 10-25-2011 at 10:25 PM.
Moderator
If there is any additional information you feel is missing, that The Crown could have provided, then your best next step would be to submit an additional request for information and specifically mentioning that additional information.
1) Ask them.
2) Ask them.
3) An angle, when taking the reading, only works against you as it will report a lower speed than actual.
4) I have no idea what you're trying to say here.
5) Horizontal movement, on a steady throttle, will not appreciably increase the speed measured by the officer. As he is already at a slight angle to you, the difference in measured velocity is negligible. Not unless you made a countersteered change fast enough, that it would throw you off the road.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Well, I mean that I was all the time following the traffic speed. When the one lane divided into two, I got to the passing lane ... I started dropping the speed, but than I saw that OPP was going down from a sideroad with his flashing lights, so he got me already.Originally Posted by Rob MacLennan
And the speed he said me was way too high!
So, finally, I'm not sure if that was the true...
Then OPP gone to his car to make his notes. In his notes he posted both numbers...
Last edited by slogan; 10-25-2011 at 10:26 PM.
Moderator
He's not required to show you the RADAR reading, anyway, so you aren't likely to have been shown it.
As to the speed; the last speed regulation sign is the one in force. If the last one you saw said "50" then, even if it doesn't make sense for the type of road you're on, that's the applicable speed limit.
Last edited by Rob MacLennan; 10-25-2011 at 10:58 PM.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
It was Hwy7 with 80 zone. Everybody was going a bit plus (as ever).
the OPP said much more than this.
PS:
And... thanks Rob for your answers, they giving me some idea how to build my defense.
Last edited by slogan; 10-25-2011 at 10:27 PM.
Moderator
Unfortunately your statement, that you were slowly passing the other vehicle, will invalidate a claim that you were going "speed of traffic." At any rate that would only perhaps get a fine reduction, not a reduction in points. It sounds like you have to hope for a procedural dismissal, for reasons like the cop not showing up. Read through the sticky post though.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Hey! that's me again.
I sent a request for additional information pointing that they did not provide the type and model of the speed detecting device used by OPP on the day of offense neither procedure performed by OPP while testing the device. I asked to provide me the info by certain date, because my trail date is very close, but still have no response.
Can this be enough argument to shift the trail date?
Well, the thing is that the trail date was set to be in 3 month after the offense date and it is only less than 2 month after the date I received their official letter. 6-7 weeks is a very tight period guess.
Moderator
If the information isn't provided by the time that you go to court then the best you can likely do, is move for a new trial date to give you time to study the new information. If they haven't brought the information with them then you could try moving for dismissal, but you're unlikely to get it. If the trial came up that quickly, then a Charter 11b move is also out.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
what does it mean?
Moderator
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
For my request for additional information, I received only 2 cover pages, one is for SpeedLaser: User's Guide, the second is Speed Laser: User's Manual (P/N 40150-W1; For version 4.66 and above).
Is it just their misstake or they really try to get rid of my requests without giving the answer?
Moderator
Giving you those pages tells you part of what you asked; the model of speed measurement unit. The specifics of the testing procedure are largely immaterial. What you want to know is if it was performed.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Yes, this is a question if the correct testing procedure has been performed!
...
Other question:
What should be the reason to shift the trail date. I feel a bit uncomfortable to go there next week, I am not ready yet.
Last edited by slogan; 11-03-2011 at 07:44 PM.
Moderator
It's actually quite possible that you wouldn't be passing other people very quickly, given that police rarely ticket until you're above 10 Kmh over the limit.
If you only recently received your supplementary disclosure, or haven't received it yet, you could cite either as a possible reason for delay. Two things though; you aren't guaranteed of receiving that delay and any time from that delay cannot be counted toward a 11b filing.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Well...
Thanks Rob for all information.
Last edited by slogan; 11-03-2011 at 07:43 PM.
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