I have my court for speeding 15 over on Monday and I have not received disclosure (yet). Requested for it on August 26 right after receiving my court date. What should I do in the court? Shall I ask for adjournment? Should I accept disclosure from prosecutor in the court, and if yes, than is it possible to ask for adjournment because I had no time to review it?
We're talking about a month.
No side is going to be at fault. You filed in a reasonable amount of time and the prosecutor needs time to review your disclosure and provide you with what is reasonable. Throw in the days it sits in the mail box and the requests that came in before yours. 6-8 weeks would probably be a reasonable amount of time before you'd apply some pressure over it and make a second request.
They are probably going to give you your disclosure on your court date. You have no reason to not accept it. If you don't, you will have to go to trial seeing how there's no reason not to. Disclosure doesn't need to be served in a pretty manilla envelope on your doorstep. They just have to provide it.
Some JP's use their head and will set up a new date for your trial and leave it at that. Seems reasonable for everyone. Others will push you to read your disclosure and continue on with your trial. Do not let them back you into this corner. If they ask you if you're ready to proceed with a trial, your answer will be respectably no. Your request for disclosure was reasonably sent and you have a right to it. You need time to review the disclosure and prepare some research, whether it be on the devices used or the streets and their signs.
You might want to read my post here http://www.ontariohighwaytrafficact.com/topic4450.html
Best of luck.
Adjourned till Nov 21.
Prosecution provided a copy of officer's notes and the laser user guide today. Notes state that the laser was checked that morning and afternoon and was "OK" both times, but no further details; they also refused to provide records of police officer training on laser operation.
The officer is the first person ever to call my Nissan Cube an "SUV" in his notes
FYI I was in a traffic court where the Lazer speed gun was challenged on the fact that it reads through glass and may read a vehicle behind. I wish I know this when I was gunned once.
I read about disclosure request (S) here.
I was charged with No Full Stop, and requested disclosure of notes and video/audio evidence.
I received photocopy of officers written notes, but they are pretty unintelligible to me. (Officer uses a lot of short form, and much of the writing is illegible etc.)
I have not received the Video/Audio evidence.
How many times are you expected to ask, and if I do get them, how far in advance of trial would a judge feel is reasonable time to prepare?
My trial date is December 2, 2013
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