Court Doesn't Agree To Disclose The Lidar Electronic Output Or Any Calibration Report
Hello everyone,
I’m facing a stunt driving charge for going 162 km/h in a 100 km/h zone in Ontario. In preparing my defense, I requested the LIDAR device’s electronic output and calibration records, but the judge denied it, stating I would only receive the officer’s notes and the LIDAR manual. My hearing hasn’t occurred yet. Has anyone encountered a similar issue? Is it normal for such evidence requests to be denied, and does anyone have advice for defending this?
Re: Court Doesn't Agree To Disclose The Lidar Electronic Output Or Any Calibration Report
This is normal in Ontario. You are entitled to the full manual. The main concern will be, did the officer test the device according to the manufacturers instructions, and was the device working properly at that time. The problem that occurred in the past with the question of "calibration records" is that it opened up a huge rabbit hole of what device was used to calibrate the LIDAR, what device was used to calibrate the calibration device, and on and on.
Also, annual calibration is not required in Ontario. Only if the device, (RADAR or LIDAR has gone in for any major repair.
-
- Similar Topics
-
-
New post officer wont disclose lidar manual due to copyright
by dabatt1 in Courts and ProcedureLast post by Decatur Fri Aug 03, 2018 7:15 pm
-
-
-
New post Electronic Device Legislation
by hwybear in General TalkLast post by Squishy Mon Jun 08, 2009 5:18 pm
-
-
-
New post Can they use it if they don't disclose it?
Last post by Radar Identified Mon Apr 05, 2010 3:03 pm
-
-
-
New post Electronic Early Resolution Meeting Notice...what to do?
by bubbahead in General TalkLast post by tdottopcop Tue Oct 02, 2012 11:08 pm
-
-
-
New post Do I need to disclose evidence in advance?
Last post by polybomber Fri Sep 14, 2012 1:54 am
-
-
-
New post If/when do I have to disclose my evidence for a trial?
Last post by quid246 Sun Aug 14, 2016 1:55 pm
-
-
-
New post Electronic Proof of Insurance Cards - accepted by LEOs?
Last post by devilsadvocate Sat Apr 08, 2017 9:18 am
-
-
-
New post Do radars need certified calibration
by bad10r in General TalkLast post by Decatur Sat Feb 23, 2013 7:59 pm
-
-
-
New post IC certification and the calibration history
by chenco in Courts and ProcedureLast post by chenco Mon Dec 09, 2019 2:58 pm
-
Who is online
Users browsing this forum: No registered users and 37 guests