Fighting a speeding ticket... questions

[SlowNLow]

Any answers you have regarding any of the questions below would very much be appreciated. If you have sources for your answers, please provide links, contact information, etc.

1. If there were 2 police officers present at a speed trap, one sitting in the car, while the other gunned and ticketed drivers, do both officers have to show up to the court case?

The only way this officer can be summoned to appear is if he partook in the activities during the time the radar device was used.. For example, it may have been the case that they were taking turns using the gun.. in such case it is VERY VERY VERYYYYYYYY important to determine which of the two officers was the one that tested the gun prior to commencing his shift.

2. What is the common radar/lidar device used by 63 division? Are they using more than one type currently?
Links to manuals?

3. Are the any cases in Ontario which have proven that a hand-held lidar device is subjective to the officers hand stability and proven to be inadequate to provide an a correct reading? Please provide details.
Hand stability has no effect on the usage of these devices.. unless the guy is waving it in the air...

4. Although it is unlikely to receive the information regarding the other stops for that day, has anyone or their agent, been able to receive this information in the disclosure?
Irellevant to your case

5. Although it is unlikely to receive the information regarding the number of over-time hours the officer has logged in a given timeframe related to traffic infractions, has anyone or their agent, been able to receive this information in the disclosure?
Irellevant to your case

6. Can one (and should one) apply for disclosure prior to the first appearance?
You should apply for disclosure on the day you apply for a court date.

Thanks in advance![/quote]

Remember, the only way you are going to beat this is if you can show that the Gun was not tested according to protocol, if both officers are required and only one showed up, if you request disclosure and do not get it.

[SLaP]

1. If there were 2 police officers present at a speed trap, one sitting in the car, while the other gunned and ticketed drivers, do both officers have to show up to the court case?

The only way this officer can be summoned to appear is if he partook in the activities during the time the radar device was used.. For example, it may have been the case that they were taking turns using the gun.. in such case it is VERY VERY VERYYYYYYYY important to determine which of the two officers was the one that tested the gun prior to commencing his shift.

So if it is known that both officers were using the LIDAR gun at a speed trap on a particular day, then both officers would have to show up. Should one summons the other officer to court, or wait until trial and if that officer does not show up ask that the case be dismissed?

Do officers who drive in the same car tend to use the same LIDAR gun or do each use their own LIDAR gun?

[Snobike Mike]

3. Are the any cases in Ontario which have proven that a hand-held lidar device is subjective to the officers hand stability and proven to be inadequate to provide an a correct reading? Please provide details.
Hand stability has no effect on the usage of these devices.. unless the guy is waving it in the air...

While probably not admissable, there was a court challenge in Ohio recently where they were able to prove that a slight movement by the officer would cause a false reading because it could send at the bumper and then get another signal from reflection on the windshield. That is one of the main reasons why you see so many of these devices used on tripods.

I'll have to see if I can find the link.

[SLaP]

Snobike Mike, If you could find that link it would be greatly appreciated. I did a quick look but haven't turned up anything yet.

[SLaP]

Sorry to be a pain, however I have one additional and very important question. What does one do when charges are withdrawn due to lack of evidence (ie: not yet receiving disclosure and officer doesn't show for third court date)?

Would this be suitable closing statement?
"Thank you your worship, it has been a pleasure, have a great day!"