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.
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.
Basically with speeding offences you need to attack the training and device itself and show that there is a reasonable doubt as to the accuracy of the device. Although it might be probable that the device was accurate or it might be probable that the officer knew what they were doing, probably does not equal beyond a reasonable doubt.
+++ This is not legal advice, just my opinion! +++