Speeding Ticket.

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Mirz

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I went to court today. Here is the defense I presented:


The officer and I both made a Left turn off of Hillcrest to travel northbound on Hurontario St.

The officer was two cars ahead of me. Directly in front of me was a minivan.

As soon as I completed the left turn I moved into the middle lane.

The minivan driver didn't see me in their blind spot and proceeded to move into my lane. It's understandable because I have a small car.

I reacted to avoid the collision by speeding up and moving into the right lane. I slowed down after evading the collision. In doing this maneuver I passed the officer.

The officer turned his lights on and I pulled over me over at John St which is about 100 m north of Hillcrest.

When he approached the car he merely stated "License and registration".

I handed it over and he went back to the car without asking me anything about the incident. When he returned he handed me the ticket and left without saying a word.

When I realized the charge he had written down I got out of my car and approached his cruiser.

I asked him if I could see the radar on this because I was confident I wasn't traveling at that speed.

He refused and instead told me and I quote "Get the fuck out of my face before I write you another fucking ticket"

I returned to my car and booked a court date the next day.

I requested a disclosure.

I was surprised to see he had clocked my speed on the radar at 105km/h at 110m.

These numbers make no sense for two reasons

The officer claims to have been parked at the private auto sales lot located about half way between John St and Hurontario.

The distance between Hillcrest and John St is barely 100m.
(I presented the judge with a map)

As per the officer's disclosure, I was pulled over at John st.

That would mean that I managed to accelerate to a speed of 105km/h in about
50m.
To put this in perspective, Porsche's $120,000 exotic sports car 'the Carrera' accelerates to 100km/h in about 140m.

That would also mean that the officer would have been parked somewhere behind the building if we assume that the distance of 110m is accurate.


In reality, the officer was two cars in front of me when we made the turn off of Hillcrest. I was pulled over at John St after avoiding a collision. This officer probably thought he was just pulling over another punk kid.

I can assure you that I am no punk kid. I go to the University of Toronto. I already owe the government $40,000 in OSAP loans. I can't afford this ticket just because this officer was having a bad day.

The discrepancy between the ticket and disclosure, the discrepancies between the disclosure and the laws of physics, the officer's refusal to show me the radar, and his demeanor towards me lead me to challenge this officer's integrity. I request that the charge be revoked.



Here is a link to the map:
http://www.mapquest.com/maps/print....5bLGIpGbC3EiGkSCbpkwrgVn%2fm1DsCa%2fh6w%3d%3d





The judge found me guilty. He didnt take any of my testimony into account. I swore under oath yet he only took the officer's oath into account. The officer was blatently lying. He did not have me on laser radar and I wasn't travelling at that speed. I'm so pissed off. I'm going to appeal it. I'm thinking of hiring a lawyer because I don't think the judge took me seriously. The ticket is for $300 bucks and I can't afford this. What grounds for appeal to I have??
 
These are the officer's notes:

Officer's notes:

Unmarked cruiser parked in private lot at advance motors monitoring n/b s/b traffic on Hwy 10

Qualified Laser operator operating Laser LTI 2020 from cruiser

Tested Unit at start of shift: 3:30pm upon completion of shift finish: 11:30 pm

Ground unit to be working as per manufacturers spec

____ defendants ____ northbound on 10 in the ______ vehicle appeared to be exceeding the posted speed limit

Faced laser sights on vehicle (red dot) registered speed of 105km at 110 m going away.

Stopped vehicle





They are completely fabricated, but I can't prove it. He was traveling beside me and I know that I wasn't on laser.
 
He states he was parked on private property. Did he have written permission from the owner of the property? Just because he's an officer doesn't mean he can just randomly sit on someone else's property; if this were the case, there would be nothing stopping him from parking in your driveway and citing you for not signalling your turn into your own driveway when coming home.
He's not required by law (at least in the US) to show you his radar or laser gun, and even is he did, there's no way of proving that the reading on the display at the time he shows it to you is your personal speed--it could be left over from the sixth-to-last person he pulled over.
It doesn't matter what a Porsche Carrera can do (unless you were driving one), it only matters what your personal vehicle can do. Request documentation from the factory (or other official source) as to the performance specifications of your vehicle (and when arguing your appeal, remind the judge that those specs are for a brand-new vehicle, and yours has X number of miles on it). Go out and get an exact measurement of the contested distance (such as a surveyor). Take into account any traffic the officer noted (ie. heavy traffic= less acceleration ability).
You also have the advantage of having a witness with you. Ask your friend to come to court with you.
Also, diagrams, sketches, pictures, official papers and testimony from professionals, and other such items and documents will help your case.
It really seems to me like yours is a (rare) slam-dunk case in your favor. I see no reason this wiould hold up in court, and I'm surprised it already got a guilty verdict!
 
I have to write in the "grounds for appeal" on the appeal application. What would I write here?
 
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