Don't worry about the case law until your next court date. Resend the request for your information.
Well, here's the next installament.
Aug 30 - hand delivered disclosure request to courthouse and had it stamped
Oct. 5 - called Prosecutors office and left message regarding disclosure (no reply)
Oct. 14 - copy of disclosure request given to prosecutor by hand durin first court appearance (At that time they offered a plea deal of 95 in an 80 with no demerit), the young lady pulled me aside in the foyer after my appearance and stated that the offer would remain open.
Nov 17 - send a registered letter again asking for discloure, also stating that I did not want to vacate my offer but needed more information.
Dec 30 - called prosecutor's office again and left message. [i](Thought at this point I could ask the justice of the peace for a stay based upon lack of discloure)[/i]
Dec 31 - received a three page testing procedure photocopy from the prosecutor, not the manual and not speedometer calibration or officer training record.
The letter also stated that the 'offer' was a one-time only offer and I should not expect it at my next court appearance on Jan. 13
Therefore, if you buck the system to get information about the process, you are penalized! I feel intimidated and coerced..what should I do now.
I have to say this whole process has been very over whelming!
Well you won't get speedo calibration record. Unless it was used to pace you it is not relevant. Disclosure is not a fishing expedition. It has to be relevant to the charge. Officers training record you won't get. You can ask the officer if he is qualified and they will testify under oath yes.
Hell here we are not even given a training certificate to give.
Court is a roll of the dice. No where does it say you have to be given a reduced offer. It is completely up to the prosecutor. Guess you have learned that.
I agree with all of that. While it might not be philosophically proper to "punish" people who want to take advantage of their right to see the evidence against them, it happens all the time. It's just one of those realities you have to deal with.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
Well it's the final installment...
I took the prosecutors' offer of a reduction to 95 in an 80 (no demerits and only a $45 fine). It really upset me to do this...and I was going to ask for a stay for lack of disclosure...the JP that day was not a friendly type. I had even prepared a Factum with the Crown Policy related to disclosure, the Stinchom case study and 8 other case studies validating my requests for detailed information.
For all others...if they do not provide disclosure and you go with NOT GUILTY...as soon as the officer is asked about how he operated the radar, stand up and OBJECT! You did not receive dsclosure on how the radar operates and therefore the prosecution should be prevented from asking about and bringing this into evidence. If the radar cannot be used as evidence then the prosecution will be unlikely to prove a prima facea (sp?) case.
You could also ask the officer about the SMC (Speed Monitoring Committee/Coordinator) within the detachment. If he/she states that there is one then there MUST be repair records and calibration records related to the radar device.
I found a pdf from Niagara Falls Regional, Peterborough and Ottawa Police services that all state that they have such a person and maintain such records. If the prosecution states they don't exist, then under the Freedom of Information act, ask the detachment directly.
Its two weeks since I took the offer and plead guilty and I am still upset by it..when I told the prosecutor that if I plead guily then I would be purging myself...he laughed at me...what at *@#&%(@&(&@.
I would like to take this opportunity to thank this site and all that contribute...I know that it was a great help to me and to others.
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