re: UPDATE: Ruling on S4 Lidar Ticket

[Phil and Judy Rose <pjrose@servtech.com>]

Nice going Dwayne!!! Hip, hip, hooray!

And so much for the vaunted "crown" prosecutors and queen who loses few
speeding cases. Resistance is NOT futile, after all!

Phil R.

>Date: Thu, 29 Oct 1998 12:19:12 -0500 (EST)
>From: Dwayne Cosby <dccosby@interlog.com>
>Subject: UPDATE: Ruling on S4 Lidar Ticket
>
>As many of you know from last week's long living thread on speeding, laws,
>and morality, my S4 was tagged by LIDAR for travelling at "excessive"
>speed. My case came up yesterday.
>
>My original question to the forum was whether LIDAR was on Judical Notice
>in Ontario (i.e. does the court recognize it as working - or does it need
>expert testimony for support). I was under the assumption that it did not.
>
>I arrived at the court a little early. Two of three the officers involed
>in my ticket were talking outside (I saw the third go in earlier - so I
>knew I wasn't going to get off on a no show). Since we had talked for a
>while on the roadside (chit chat) at the time of my ticket, they still
>remembered who I was five months later. I explained that I didn't think
>the ticket would hold given the lack of case law in Ontario. One of the
>officers agreed, stating that there is a case on appeal (I don't know
>which way the original ruling was) in Alberta that may establish Judicial
>Notice in Ontario in the future.
>
>As I was waiting for the session to begin, the prosecutor approached me
>and offered to lower the ticket so that there would be no demerit points.
>I thanked him for the offer but explained that the charge won't stand.
>After some further talking, he agreed to drop the charge. After a
>superficial hearing with the jutice of the peace, I thanked the officers
>for their time and left the court with a perfect driving record once
>again.
>
>Canadians should enjoy their get out of jail free card while it lasts.
>
>Again to state my position on the matter of speeding; I would have
>preferred to pay the fine as it stood (and not wasted a day of my time,
>and the time of the officers) and consider it a speeding tax.  The issue I
>had was that my insurance company would have used this as an excuse to
>raise my rates (i.e. increase their profit margins) under the very false
>assumption that I am more likely to get in an accident than the little old
>blind lady holding up traffic.
>
>Dwayne
>- -94 S4

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