OHTA.ca

Hi. I'm new here and from Alberta. This forum seems to be very useful and I like useful. I lost a case of excessive speed, here are the details.

Did not ask for disclosure.

Judge refused to take into account prosecution not having any radar/operator certifications when I asked for them to be produced.

Judge refused me trying to introduce case law. (For a defective ticket)

Judge admonished me for not asking for disclosure.

I appealed and came up with the scratch for transcripts and went before a judge on Friday for a date to appeal. He gave me until this Friday (7 days!) to write a brief. OMG! I've spent the weekend trying to figure out what an appellate brief is.

I will argue that the Traffic Commissioner erred in law by not allowing case law precedent. Also, in Alberta there exists a section in the Traffic Safety Act that states the prosecution MUST send calibration records to me 14 days before trial date which they didn't do. I will argue that as well so I can get a new trial.

What I was hoping for is, if anyone out there has any precedents or case law that shows the officer needs to conduct tracking history and to have manual and certification evidence at trial. I just simply feel that any time I can save would be helpful so I can figure out this whole brief thing.

Thank you for listening.

Is this all taking place in Alberta?

Yes.

Also, can I argue that defense request for disclosure isn't mandatory? If it was, there would be massive crowding of the courts. Doesn't that mean that the prosecution should have all the evidence they would possibly need at the ready?

Youre not likely to get a lot of assistance with case law from Alberta. We are much more familiar with Ontario case law here.

For example, in Ontario the manual does not have to be produced nor an operator certificate.