Improper Disclosure?
So my brother got a ticket for speeding 139 in a 100 on the 407.
We're 17 months out with 2 months of delay owing to us, so 15 months and have already filed an 11b motion. But in case we do have to go to trial I also asked for disclosure. I used ticket combat's form.
They never provided me with the text of the law that they allege he broke. I asked for type written notes and was refused because they said the notes were legible. They neither provided me with the back of the officer's copy of the ticket nor did they offer any explanation of why not.
I asked for a copy of the officer's schedule for that day and was refused saying that it wasn't relevant.
I asked for documentation/proof of the officer's training on the lidar and was refused saying I could ask the officer in cross examination.
I asked for a copy of the subpoena issued or request for access to information pursuant to the privacy act used in order to get a copy of my brother's driving record and was refused because they said they didn't have the MTO record.
The officer had to have been speeding to get where he was in order to catch my brother where he did. He travelled over 83 km in less than 30 minutes. His notes indicate 2 different on shift times. Which is why we asked for his schedule for that day.
I think they have to give proof of his lidar training in advance if asked for it don't they?
Finally, in the original disclosure they did provide us with a copy of his MTO record and now they are saying they don't have it?
Also, for the lidar testing, do they have to test it when they come on shift or when they are on site? And when they have to test it after they clock you? Immediately after? An hour after? two? And where is the legislation that dictates this?
Any help or suggestions are appreciated. Thanks!