Help Asap!!!!!
 

Ok does anyone know the answer to this for sure.

I am looking at the Genesis II Directional Users manual. This is the laser that i got hit with.

section 9.3 reads

for each enforcement action taken by police with respect to speeding offence arising out of the use of this radar unit a tracking history must occur, The tracking history shall consist of:

1. A visual observation of an approaching or receding motor vehicle that appears to be in excess of the posted speed limit in the area and an estimation by the officer of the speed of that motor vehicle is travelling. Generally skilled officers are able to estimate the speeds of moving motor vehicles within plus or minus 5 km/h per hour of the actual speed. This is an acquired skill that is taught on the basic operators course.

2. Having made the visual observation and estimate of the rate of speed, the radar unit will be placed in the operational mode, selecting the appropriate antenna if the unit is dual antenna configuration.

if we skip to section 6 we have:

6. Absense of any of the above tracking history components and NO ENFORCEMENT ACTION shall be undertaken.

now if i skip to the discosure i have

-I on S side of B'thorpe Rd W of Mavis Rd. - The first M.L. from wolfdale
-pass other + to P.L.
-pt laser 223.7 m W
Reading: 83 km/h
rd) 7 lane, dry, 60, Comm
W) Cloudy, 16*C Trf) M-H
-he to L.T.L.
-I flag down to stop

Ok now it appears to me that the officer HAS to make a visual estimate of my speed and document it before tracking me with the laser. Is this a viable defense?

no cause your still speeding within 5 Km of his learnt skill.. and then he confermed it by using his gun

read it again
there are big gaps in the tracking history

he did not see me speeding, estimate my speed by eye, and then hit me with the laser

he pointed the laser in my direction and waited for me to come around the bend

now I realize this is standard practice, but in the manual it says NO ENFORCMENT ACTION if any parts of the tracking history are missing

you can use that to discredit his ability to use the notes in your cross examination. They will obviously follow the "script" of court proceedings, however in your cross examination ask him where he got this recollection. Ask him questions such as how long he observed you, what he used as reference points (take photos of the scene, bring them). Ask him to estimate distances on the photo. Do "rough" odometer measurements of the scene to counter them.

You can then formulate a way to discredit his initial observations which can then be shown to discredit his notes at the scene. According to the "step 6" in the proceedures he could then legally NOT use the gun against you (user error).

let me know if you need anymore help.

scott

scott's advice got me off the hook
:thumbsup

General STFU your retarded post whoring monkey :smilie_fi

YOU are CONFUSED :confused:

The manual you are reading is for a Genesis II directional moving RADAR unit NOT laser. These are two totally different types of speed measuring devices.

Decatur makes the Genesis II directional which is a moving/or stationary RADAR unit, which is mounted in a car. The Genesis VP directional is a handheld battery operated RADAR unit.

I did not see anywhere on the Decatur Electronics website where they make a laser, so you need to find out what type of laser was being used now.

LASER does not have a tracking history either, laser has targetting history.

In your case the laser was 223.7m away from you at the time of target on your vehicle. The laser beam would be approx 70cm wide at that distance. Lasers have scopes on them, you are pretty much toast.

If you provide further info, I can maybe assist with more laser questions.

LOL HAHAHAHHAHAHHA :laugh:

*shrug*
I guess that could have been used when fighting the case? The unit that WAS used was the genesis II directional, and it was set up to scan all traffic in my directions as far as I understand. Why do his notes contain the word "laser" when no laser was used is a mystery to me? However today he told the crown and the prosecutor that the speed was verified by radar.

my favorite part. Congrats. :thumbsup :thumbsup :thumbsup :appl:

lol... im no monkey....


Spotyp i went to court today and got raped... no reduction at all.. the judge was pissed off at the DUI before me and then i went up..

Did you do what I told you? Go for a remand?!

*shakes head*

scott

Ummmm...since when did the Provincial Offences Court start dealing with DUI matters which are Criminal Code offences?

i did everything you said.... and i asked for remand... he told me some gay that my medical reasoning wasnt adiqute and that there was no point for a remand.


I should have ask for 15 over and left it there :knock_tee

now my insurance is goin to go up next year when i renew it :smilie_da

As someone else said...that unit is a radar NOT laser.

Is it the Genesis II Directional or the Genesis Directional GSD? Mover vs. Handheld (check their website)

Tracking history is the visual observation of a vehicle speeding. All he/she has to say is they observed a motor vehicle which appeared to be travelling higher than the posted limit. If you ask what the cop the estimated the speed to be...he/she will probably say close to the speed displayed by the radar/laser.

I told you the medical reason wouldn't fly.... but you could try it, and then if they denied it ask for a remand based on you wish for more time to prepare for trial. Not just to ask for a remand for no reason. Tell them you would be consulting with professional legal advice about subpoena-ing an expert witness. It is NOT the crown's decision as to whether a medical reason is valid or not.

scott