The Law on Speeding and Speed Detection Devices, 3rd Edition
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Product description
The book breaks down into 2 areas: one, covering the law, is authored by Shakoor Manraj; and the other, covering the science of speed detection, is authored by Paul Haines.
The law section: reviews the case and statutory law covering speeding, which is a contentious and often misunderstood area: it discusses what constitutes speeding, how it is presently detected, the approach by the police and courts, and the defences available to the accused. It addresses issues such as:
- whether the police officer must show the reading to the accused
- whether it is a mens rea, strict or absolute liability offence
- The effect of violating the speed limit and implications of the amount of the excess speed
Although the law section reviews the Ontario Highway Traffic Act, the case law and principles can be expanded to reflect the law in general across Canada.
The science section: reviews the seven types of speed detecting devices in current use, eg Radar, Laser, Lidar, and sets out their various advantages and disadvantages, and provides grounds for challenging them. It also offers advice to police operating the devices as to how to avoid mistakes, listing the "Do's and Don'ts" for effective operation,
to avoid erroneous prosecution.
It includes 6 appendices which include tables and critical illustrations to help the reader understand the speed detection devices in more detail.
Table of contents
Forward/Preface
Table of Cases
Table of Statutes
The Statutory Provisions in Ontario Relating to Speeding
Nature of Speeding Offences
How is Speeding Detected?
Signs and Posted Speed Limits and the Application of the Doctrine of Judicial Notice
A Miscellany of Recent Interesting Speeding Cases – Analyses and Commentaries
Speed Violations and Speed-detecting Devices
The Operational Aspects of Speed Radar
Types of Police Radar Devices and their Faults
Situations that Give Faulty Readings From Moving Radar
Major Factors that Cause Faulty Radar Use
The Do's and Don'ts of Effective Speed Radar Targeting
Concerning Police Laser Systems History
Operational Aspects of Lidar
Major Faults with Police Laser Guns Today
The Do's and Don'ts of Effective Speed Laser Targeting
Top Radar and Laser Court Questions
Vascar
Conclusions
Appendices