Nikes and Jordans (All Star Lebron, Toro, Foams, Black Toe) for sale!
Mar 16th, 2017 11:27 am
Mar 16th, 2017 12:38 pm
What Province?Havo wrote: ↑Mar 15th, 2017 11:33 pmCan anyone chime in? I received my ticket back in April 2016 and if they reschedule for a later date, my guess is it would be a few months down the road. Would it be possible for them to toss out the ticket this time around? Or if they reschedule, would I be able to file for 11b at that point since it would be well over a year?
Mar 16th, 2017 12:42 pm
What province was this?bizzyseller wrote: ↑Mar 14th, 2017 11:29 amInvaluable thread with lots of great information.
Alleged Offence: 36kmh over posted speed limit
Alleged Offence Date: June 2016
Trial Date: February 2017
Adjourned Trial Date (disclosure was ready in December 2016, however individual was not aware it was ready): October 2017
Disclosure Details of Alleged Offence:
BEE III Directional with serial number
First Test: 1353 (Power On, Test Button of processing circuitry, road test at 60kmh – all ok)
After Test: 1419 (road test at 60 kmh – ok)
Roads: Dry and clear
Lone vehicle moving N/B, Police moving S/B
In car camera: Yes
In car camera of offence: Yes
The in car camera does show video alleged offence, however the camera’s (dashboard/software interface) doesn’t list the radar speed. So all it shows is the vehicle moving at an undetermined rate of speed. Furthermore, the video includes audio of the driving responding to the Officer’s question of “Do you know why I pulled you over”, with a “i think travelling too fast … was talking” (some of the verbal exchange was inaudible due to the police vehicle’s communication radio volume.
Suggestions on next steps would be appreciated.
Mar 16th, 2017 12:49 pm
Mar 16th, 2017 12:54 pm
You can try to make a stink in front of JP about how the charge should be dropped because you tried to get disclosure and you took a day off work and it will be hard to get another day off blah blah blah.Havo wrote: ↑Mar 15th, 2017 9:19 amMy court date is coming up within a week. I had originally requested disclosure when I received my court notice but have not received anything. I have even called to follow up and they have advised that nothing was submitted by the officer. I guess I can argue that I did not receive my disclosure and they will likely want to reschedule my court date. Is this correct?
Mar 16th, 2017 12:57 pm
Mar 16th, 2017 3:44 pm
Mar 16th, 2017 3:48 pm
Thank you. Hopefully it goes well.jsherk wrote: ↑Mar 16th, 2017 12:54 pmYou can try to make a stink in front of JP about how the charge should be dropped because you tried to get disclosure and you took a day off work and it will be hard to get another day off blah blah blah.
Most likely this won't work, and most likely the JP will set another date.
If you still have not gotten disclosure by second date, then that is when you file for a STAY.
Mar 16th, 2017 4:01 pm
Mar 16th, 2017 4:21 pm
In any case, it's just like any other ticket. Ask for disclosure, and go from there. There's no general purpose advice that's likely to help. Especially with nothing more than a "I got this ticket, how do I fight it" post. Give us something to work with!
Mar 16th, 2017 8:46 pm
you're right; it was moreso a question of if anyone had the same ticket i had and had it successfully removed or reduced :0 - is it worth my time...etc... i plan on using the second option, plead guilty but reduced fine - and i wonder if it works .
Mar 17th, 2017 3:28 am
Ontario.jsherk wrote: ↑Mar 16th, 2017 8:14 amWhat province? In Ontario, if you ignore it you will be found guilty and it will show up on your MTO record and you will not be able to renew your drivers license or vehicle sticker until you pay it.
Does the photo also have a speed on it?
What is the exact charge on the ticket (wording and section number)?
For Ontario, I recommend you plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial you can then request disclosure. In your disclosure I would ask for the following:
- Make, Model, Serial Number and Date of Manufacutre of the device used to take the photo and the device used to measure the speed.
- Notes of all officers/personnel involved in the installation, setup, calibration of the unit(s) involved.
As a side note, in Ontario, Photo Radar and Red Light Camera tickets are charged to the OWNER of the vehicle and not the driver. This means that they will NOT show up on your driving record and they will NOT cost you any demerit points and they do NOT cause your insurance to go up. So other than the fine, there is nothing else to worry about with this type of ticket.
Mar 17th, 2017 8:34 am
Mar 17th, 2017 9:05 am
Great detailed response!jsherk wrote: ↑Mar 16th, 2017 12:42 pmWhat province was this?
There needs to be at least 12 months from when you requested a trial to when you get it before you ask for a STAY. However the delay has to be caused by the prosecution. If you asked for a new trial because you did not get disclosure in time, this could be counted against the prosecution, however if disclosure was ready for pick up and you did not check, then the delay would count against you and would not be counted in the 12 months.
When fighting a speeding ticket you need to cross-examine officers on the following:
- When was their initial training they received on radar, and what did it involve (how many days, what was the curriculum)?
- When was their most recent re-training before the ticket was written and what did it involve?
- When were they trained on the device in question?
- What is the exact testing procedure they followed to test the unit? Make sure you review the manual so you know what it is, and make sure they followed it. if they did not follow it, then question then specifically with regards to what is written in the manual.
- What does the certificate of accuracy from the manufacture say the +/- error is on the device?
- When was device last calibrated and certified?
- Does the manual say to use tuning forks? If yes, then were the tuning forks certified and calibrated?
- Did they test the radar unit against a vehicle speedometer? When was the speedometer calibrated/certified? If it was not then, just because the radar matched the speedometer does not mean either of them is accurate.
Mar 17th, 2017 10:54 am