OHTA.ca

I just received my disclosure for speeding at 58 km/h on 40K zone. Basically it only has this information:

Monday

tested at 5 am - working properly

And that is it! Do I have a chance to win if I

- ask how the device was tested (the steps, etc)

- why the date and exact location is not there

- and why there is no information about the post-test?

Or should I request additional information? I only got a month before the trial date..

thanks!

Request again just for the "cover your a$$" thing and you should be home free. There is supposed to be a test of the radar before and after the ticket time. It's not listed. What all did you ask for in disclosure?

Reflections wrote:Request again just for the "cover your a$$" thing and you should be home free. There is supposed to be a test of the radar before and after the ticket time. It's not listed. What all did you ask for in disclosure?

ok. thanks! so what exactly should I request? - was it tested after the ticket time?

My original disclosure request had the following:

o a full copy of the police officers notes;

o a copy of both sides of the officers copy of the ticket (Notice of Offence);

o a typed version of any hand written notes;

o witness will say statements;

o witness statements;

o any statements made by the defendant;

o copies of the original notes of such statements; and

o the names and address, occupation and criminal record of the persons providing such information.

o any other documents the Crown may rely on at trial.

o a full copy of the police officers notes;<--you got that but ask again

o a copy of both sides of the officers copy of the ticket (Notice of Offence);<-- Don't worry about it

o a typed version of any hand written notes;<--Don't worry about it

o witness will say statements;<-- That would be the officer, not needed

o witness statements;<-- See above

o any statements made by the defendant;<-- the officer will cover that on the stand, no biggy

o copies of the original notes of such statements; and<-- You got that already

o the names and address, occupation and criminal record of the persons providing such information.<-- Ask the officer to produce the documentation

o any other documents the Crown may rely on at trial.<-- N/A

Ask for a copy of or access to a copy of the radar users manual...... look for testing procedures and when they are recommended.

Reflections wrote:o a full copy of the police officers notes;<--you got that but ask again

o a copy of both sides of the officers copy of the ticket (Notice of Offence);<-- Don't worry about it

o a typed version of any hand written notes;<--Don't worry about it

o witness will say statements;<-- That would be the officer, not needed

o witness statements;<-- See above

o any statements made by the defendant;<-- the officer will cover that on the stand, no biggy

o copies of the original notes of such statements; and<-- You got that already

o the names and address, occupation and criminal record of the persons providing such information.<-- Ask the officer to produce the documentation

o any other documents the Crown may rely on at trial.<-- N/A

Ask for a copy of or access to a copy of the radar users manual...... look for testing procedures and when they are recommended.

OK, got it - thanks!! So, just to confirm:

- a full copy of the police officers notes

I guess I can get the manual myself, print it and bring with me to court, can't I ?

thx again

OK, got it - thanks!! So, just to confirm:

- a full copy of the police officers notes<-- State it just like that

- documentation that police officer can produce (or how to state that properly?)<-- Don't ask before hand, if the officer takes the stand then ask him

- copy or access to a copy of the radar user manual (model #XXXX)<-- Just like that, and fax your request and keep a transmission reciept

I guess I can get the manual myself, print it and bring with me to court, can't I ?

Reflections wrote:OK, got it - thanks!! So, just to confirm:

- a full copy of the police officers notes<-- State it just like that

- documentation that police officer can produce (or how to state that properly?)<-- Don't ask before hand, if the officer takes the stand then ask him

- copy or access to a copy of the radar user manual (model #XXXX)<-- Just like that, and fax your request and keep a transmission reciept

I guess I can get the manual myself, print it and bring with me to court, can't I ?

Super - thanks a lot for your help, Reflections!!!

I finally had a trial recently.

I mentioned the incomplete disclosure and actually the officer had another page of his notes that I did not receive. So, the judge offered me to have a copy of it and have the trial rescheduled. I agreed...

Now, the notes are still missing the information about the post testing of the radar - do I have a chance to win the case?

Now, the notes are still missing the information about the post testing of the radar - do I have a chance to win the case?<<<< research the case law....it is on here

Reflections wrote:Now, the notes are still missing the information about the post testing of the radar - do I have a chance to win the case?<<<< research the case law....it is on here

thanks!

Reflections wrote:Now, the notes are still missing the information about the post testing of the radar - do I have a chance to win the case?<<<< research the case law....it is on here

thanks!