41 km/h over. Disclosure inside. Please advice.

[malim]

Hello fellow riders. I've received my M2 this summer but before I started riding, I got one ticket that could ruin me big time. This is York Region Police.I had a court date in November 2012 where I spoke to the officer and crown who were cool enough to reschedule the date. My court date is at the beginning on March 2013. Today, I have received my disclosure and decided to run it by you guys and see if anyone who has been through this process can help me out. I really want to ride this upcoming season and obviously don't want this to affect my insurance. This is my one and only ticket, I've never received anything else.

 

[coyo]

Using LIDAR he got you at 121 km/h at 189 metres. The plate will be on the face of the ticket and he will describe it as a motor vehicle which is all that's required to describe your car for court.

Hello fellow riders. I've received my M2 this summer but before I started riding, I got one ticket that could ruin me big time. This is York Region Police.I had a court date in November 2012 where I spoke to the officer and crown who were cool enough to reschedule the date. My court date is at the beginning on March 2013. Today, I have received my disclosure and decided to run it by you guys and see if anyone who has been through this process can help me out. I really want to ride this upcoming season and obviously don't want this to affect my insurance. This is my one and only ticket, I've never received anything else.


---DISCLOSURE START---
STAT - hwy */B******* rd - P80
LAST SIGN 4TH POLIE FROM DUFF ST BRIDGE
OBS LONE VEH HRS L1
121KPH AT 189M
PULL OUT AND ACTIVATE LIGHTS
NO LOSE SIGHT
VEH STOPS PRIOR TO RIV***** DR
LONE OCC
DL
NO CONVICTIONS
ADVISED BREAK WAS NOT STOPPING ANYONE UNDER 115KPH
ALSO REMINDED IN REALM OF STUNT DRIVING AT 130 KPH
ENCOURAGED TO GO TO COURT EITH 1ST ATTENDACE OR TRIAL
---DISCLOSURE END---


I got a hint that there will be something in there that will help me out. Can you guys see anything? I mean I get most of it but some things I don't understand like "189M". Also, nowhere does he mention the type of car or the license plate in the notes. Is that good enough info to fight the case ?

Thanks guys.

 

[promac]

Encouraged to go to court because they'll offer you a plea deal like 29kph over (3 dpts & fine) or fail to obey sign (2 dpts & fine) because of no prior convictions.

 

[jeffjones]

Encouraged to go to court because they'll offer you a plea deal like 29kph over (3 dpts & fine) or fail to obey sign (2 dpts & fine) because of no prior convictions.

But it is still a ticket.......

 

[malim]

Hmm... Well I spoke to this officer and explained the situation. He asked if I requested disclosure, to which I replied NO. He advised to request it and reschedule the date. "There will be something in disclosure to help you out". Question where is that somethinggggg ????? =)

I could have done the plea on the first appearance but that's not my goal so yeah...

Also, what does "Last Sign 4th POLIE FROM DUFF ST BRIDGE" ? The bridge I understand, since there is a bridge on top of this road but "Last Sign 4th POLIE" ?

Thanks guys.

 

[fjbabe]

Try to send someone and put off for another court day then hope cop dont show so it will get thrown out

 

[coyo]

Also, what does "Last Sign 4th POLIE FROM DUFF ST BRIDGE" ? The bridge I understand, since there is a bridge on top of this road but "Last Sign 4th POLIE" ?

Without knowing where this is, I'm guessing it may be where the speed limit sign was located (polie is probably pole).

 

[malim]

Without knowing where this is, I'm guessing it may be where the speed limit sign was located (polie is probably pole).

Thanks, figured it out =)
So I am guessing the only way is to cross reference the officer and see if he did the proper calibration procedure or hopefully (fingers crossed) he won't show up.

Also, does anyone know if officers are required to take notes when calibrating the device ? Another thing I am thinking is asking him about the calibration procedure, are they supposed to memorize it ?

One last thing, anyone had successfully beat a speeding ticket ? If so, then how ?

 

[LoneRonin]

If cops lose sight of you in pursuit but catch up to you later can they still issue a ticket?

 

[malim]

If cops lose sight of you in pursuit but catch up to you later can they still issue a ticket?

Hmm, interesting. I am not sure in pursuit but on a regular basis no. Let's say you miss a stop sign and the street turns abruptly after the stop sign, so the cop should loose the sight. The vehicle must be always in sight. Therefore as you can tell from my disclosure he covers by saying "No Lose Sight".


Damn, he even got the sign on the 4th Pole from the bridge correct.

 

[PLau]

I have a really good idea of where you got that ticket based on the disclosure. My response to that is: Damn... They're camping that spot again...?

Depending on how important not having this ticket on your record is, I would just hire someone to fight it for you. Otherwise you would probably be hoping for a no-show if you can't figure out this "riddle" the officer clued you in on.

"ADVISED BREAK WAS NOT STOPPING ANYONE UNDER 115KPH"

What? They do this?

 

[imnothng]

I My response to that is: Damn... They're camping that spot again...?

Well when people are going over 100 on a surface street, perhaps they do actually need to....

 

[Macs]

I have a really good idea of where you got that ticket based on the disclosure. My response to that is: Damn... They're camping that spot again...?

Depending on how important not having this ticket on your record is, I would just hire someone to fight it for you. Otherwise you would probably be hoping for a no-show if you can't figure out this "riddle" the officer clued you in on.

"ADVISED BREAK WAS NOT STOPPING ANYONE UNDER 115KPH"

What? They do this?

Fairly often, they'll only stop people that exceed a certain threshold. For example, here up north I've never seen anyone stopped for 100-110 on the 80km/h highway. I've had marked and unmarked OPP pass me when I was doing 85-90 in front of them.

 

[PLau]

Well when people are going over 100 on a surface street, perhaps they do actually need to....

True but that just happens to be an area where it changes from an 80 zone to a 70 right after a traffic light.

Regardless, I tend to keep my 10 over especially in that area cause I really cant afford another ticket.

Edit. ... nvm, I think thats the street before at Brad____.

Maybe the clue has something to do with "NO CONVICTIONS"??? Although I wouldn't know how that'll help

 

[malim]

True but that just happens to be an area where it changes from an 80 zone to a 70 right after a traffic light.

Regardless, I tend to keep my 10 over especially in that area cause I really cant afford another ticket.

Edit. ... nvm, I think thats the street before at Brad____.

Maybe the clue has something to do with "NO CONVICTIONS"??? Although I wouldn't know how that'll help

You got it. I've not seen them camping there for awhile now, this ticket is from Spring 2012 so I don't know.
Isn't it unethical for them to mention that they give a break to everyone upto 35 km/h + in that spot ? Wonder if that can be used as a defence in order to disqualify but I doubt it. What do you guys think ?

Also, maybe there is a supposed to be more info that I should request which can help me but I have no clue. I have the disclosure which I've postd, I have a log where officer marks the start time and the end time for testing the laser, the manual for the laser and a testing procedure. Maybe getting the notes for the whole day ?

 

[MarcosSantiago]

Isn't it unethical for them to mention that they give a break to everyone upto 35 km/h + in that spot ?

They are allowed discretion, so it is legal. You could argue that is unethical, but since it is legal, it is not going to help you.

I have a log where officer marks the start time and the end time for testing the laser, the manual for the laser and a testing procedure. Maybe getting the notes for the whole day ?

Sounds like you have everything except a statement confirming that the officer has been trained to use the specific device. Most likely you will not get that on the disclosure.

Testing procedure / calibration for laser guns is extremely simple, usually is a separate button, the officer just has to press it once, or it is the ON/Off button, depending on the model. It is not like radar guns at all.

Where did this happen?
Was it on a straight road with good visibility? Maybe that is the help that he mentioned.

 

[MarcosSantiago]

If cops lose sight of you in pursuit but catch up to you later can they still issue a ticket?

Of course they can... they just need your plate number to find you later. That goes for pursuit or not.
Do they do it? Mostly not, because those tickets are not going to stick in court, you should be able to easily win the ticket

 

[karentsang]

Does anybody know what the *proper* procedures are if I've picked up a disclosure which doesn't have the information I require? I'm going to pick my disclosure package up (for a speeding trap ticket), and I have a feeling the prosecutor doesn't have what I requested. Specifically, I requested:

1. Both sides of the original ticket
2. Any notes made by the officer
3. A typed copy of hand written notes by the officer, with explanation of any abbreviations
4. Any statements made by the defendant
5. The Make, Model of the equipment used to clock speed by the officer
6. Copies of the testing procedures that are outlined in the equipment’s manual
7. Test results (with dates and times) for the equipment prior to and after the offence listed above
8. Copy of the full operating manual for the speed measuring device

Should I prepare a generic letter which states what I had originally requested and a blank space to fill in what I am still missing? Should I still proceed to trial and tell the JP what happened, and would s/he grant an extension?

Thanks!

 

[toysareforboys]

Does anybody know what the *proper* procedures are if I've picked up a disclosure which doesn't have the information I require?

You re-request disclosure for the information which was missing from their response. You are still required to physically go to your original court date, even if they haven't provided the extra disclosure. The judge may grant you an adjournment with no prejudice against you, if he thinks the information that is missing is important to your defence (i.e. he doesn't care if they didn't provide the ticket as you're supposed to have your own copy and he doesn't care if they don't provide the full manual of the radar gun). Be prepared to have your trial that day, or request the charges be stayed because of all of the stress the wait for the case has caused you, etc (don't say anything about having to take a day off work, etc.).

-Jamie M.

 

[karentsang]

Ok, thank you for the info! Appreciate it.

You re-request disclosure for the information which was missing from their response. You are still required to physically go to your original court date, even if they haven't provided the extra disclosure. The judge may grant you an adjournment with no prejudice against you, if he thinks the information that is missing is important to your defence (i.e. he doesn't care if they didn't provide the ticket as you're supposed to have your own copy and he doesn't care if they don't provide the full manual of the radar gun). Be prepared to have your trial that day, or request the charges be stayed because of all of the stress the wait for the case has caused you, etc (don't say anything about having to take a day off work, etc.).

-Jamie M.