Possible Logic Win?
Hi there,
so a little background: a few months ago I was pulled over on the 403 and given a ticket for doing 136 in a 100. This was my first ticket. I got my trial date for Oct. 27 and I filed for disclosure and didn't receive anything. A week before my trial I called and they said they tried to contact me and nothing happened. I requested my trial be adjourned and it was. It is now scheduled for Nov. 16.
In my disclosure, I received officers notes and a few pages from the radar manual. That's it.
It is my understanding that in order for radar evidence to be used, the officer must be properly trained to use it (R. v. Vancrey).
My plan is to move to strike radar evidence. That can go one of two ways, they can provide evidence at trial at which point I would move to dismiss as it wasn't provided in my disclosure or they don't provide it in which case I win.
If they try to use the officer's testimony as evidence of his qualifications I would object based on expert witness, and cite the fact that he isn't qualified to determine whether people (himself included) are properly qualified to operate a device but rather a certificate must attest to his qualifications.
Please let me know if this makes sense and if it would fly in court. Also, let me know if you want me to upload some more details of my case. Thanks in advance!!