Enough for 2nd trial adjournment?

zeeyah
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Enough for 2nd trial adjournment?

Unread post by zeeyah on

Just wanted to know whether my approach is right, or my argument is strong enough for the JP to adjourn the trial to another date.

Timeline:
November – Offense Date
Received notice of trial in January, sent in disclosure request few days later
March - Trial proceeded, but as I did not have disclosure, trial was adjourned to September and I got a photocopy of the officer notes.
June - Faxed Additional Disclosure Request (13 weeks, 3 months before trial date)
July – Sent Additional Disclosure request via the Prosecutor’s office (8 weeks before trial date)
September - Trial pending

I attached the officer's notes for reference. I haven't received a phone call or anything with regards to my additional disclosure request. I just wanted to know whether I have a strong enough basis for the JP to adjourn the trial again until I receive additional information that I need for my defense.

My arguments:
Based on the officer's notes, I was charged with careless from - speeding, change lane without signaling, following too closely. So to disprove that I wasn't Careless driving, my argument is to disprove each of those 3 things.

1) How my speed is measured: Since the officer's notes did not have any explanation on how my speed is measured - pacing or radar gun - I argued I can't properly prepare my full defense because of whether to base my defense on pacing or radar gun - if he paced enough with appropriate length with the speedometer to determine my speed - or if he used the radar gun correctly by testing the accuracy before and after the charge, etc
2) Short-forms - I do not know the meaning of the short-forms which is crucial to ensure that I understand all the evidence used against me: 3630381AAB#, RDR 7033, ASD, ARHEQ139, 10.11.09 SANDIA
3) Gave the Crown 13 weeks to produce the evidence - more than enough time.

I'm hoping that the Crown does not give me the additional disclosure, and that the above arguments is strong enough for the JP to adjourn the trial again until I receive this information. Hopefully the trial date will be after November, one year from my offense date, which I can file an 11b appropriately to get it thrown out.

Let me know your opinions or any advice that will help prep me for the trial.

Thanks!

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Stanton
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Unread post by Stanton on

zeeyah wrote: 2) Short-forms - I do not know the meaning of the short-forms which is crucial to ensure that I understand all the evidence used against me: 3630381AAB#, RDR 7033, ASD, ARHEQ139, 10.11.09 SANDIA
Can help a little with some of the short forms.
3630381AAB looks like it's been crossed out, so probably not relevant.
Not sure what RDR 7033 is.
ASD is short for approved screening device
ARHEQ139 is the serial number for the ASD
10.11.09 will be the date the ASD was last calibrated and SANDIA will likely be the officer who calibrated it.

Looks like most of the info simply relates to your roadside alcohol suspension and not the careless charge.


zeeyah
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Unread post by zeeyah on

As a regular civilian though, if I don't have previous knowledge about those short forms, is it the Crown's responsibility to explain those short forms in order to fully prepare my defense? And if they don't give me an official explanation, can the lack of explanation be used against the Crown to prove that my right to "full disclosure" has not been met?






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