got very short disclosure

gsnake
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got very short disclosure

Unread post by gsnake on

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

Monday
Westwood St
model of the radar
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! :)


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Unread post by Reflections on

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?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by gsnake on

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 officer’s notes;
o a copy of both sides of the officer’s 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.


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Unread post by Reflections on

o a full copy of the police officer’s notes;<--you got that but ask again
o a copy of both sides of the officer’s 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.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by gsnake on

Reflections wrote:o a full copy of the police officer’s notes;<--you got that but ask again
o a copy of both sides of the officer’s 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 officer’s notes
- documentation that police officer can produce (or how to state that properly?)
- copy or access to a copy of the radar user manual (model #XXXX)

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

thx again


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Unread post by Reflections on

OK, got it - thanks!! So, just to confirm:
- a full copy of the police officer’s 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 ?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by gsnake on

Reflections wrote:OK, got it - thanks!! So, just to confirm:
- a full copy of the police officer’s 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!!! :!:


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Unread post by gsnake on

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? :)


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Unread post by Reflections on

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
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by gsnake on

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!


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Unread post by gsnake on

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!






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