Disclosure and court date

Ultralyte
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Disclosure and court date

by: Ultralyte on
Mon Nov 15, 2010 1:04 pm

I got a speeding ticket @ North York, Toronto, 73 @ 50 speed limit, on Feb. 21, 2010.

I was about to take 401W exit so I changed the lane, there were busy traffic and there were at least 2 cars changing lanes from right to left lane and left to right, as the last lane is for 401W exit. The officer was standing with Laser gun in hand, on curb in between left lane and 401 exit lane.
As per the situation there is real good chance of getting wrong vehicle targeted.

Anyway, I already got my Court date of Nov.30 and after getting the date, applied for disclosure and I got the letter to collect the disclosure, i went after couple of days and I got the Disclosure of 1 page with officer hand-written notes -- 231.2 m, 4d white corolla, e/b, L2, weather, 2C, clear, dry, roads clear, dry, excellent visibility, ultralyte. That's the disclosure of 1 page. Then I asked that I have requested for full disclosure with Radar calibration details and radar manual, too. So, the lady find-out one photocopy (bunch of photocopy already stored in drawer) of Ultralyte -Operating Instructions. She couldn't provide me calibration details and replied "you can ask for further disclosure". So, write away I filed further disclosure.
Now, I am not sure that I gonna get it before 30th Nov.
So, pls suggest me what should I do?
Should I ask for another court date? (I have done all the procedure in time, nothing is delayed by me.)

I don't want to appear this ticket on my abstract. That's most important thing for my insurance.


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by: Radar Identified on
Mon Nov 15, 2010 4:01 pm

You can ask for an adjournment to get the rest of the details, however calibration records/proof of calibration is not required. The officer's notes and the critical parts of the manual would generally satisfy disclosure for a speeding ticket. The only thing the officer has to do is test and use the device in accordance with the manufacturer's instructions, complete a tracking history, stop the vehicle without losing sight, and identify the driver. Calibration, etc., is not necessary in Ontario. The testing of the device is considered sufficient by the courts to indicate it is reliable.

If you absolutely do not want the conviction, you'll have to hope the officer does not show up, or you'll have to be prepared to go to trial. You could plea-bargain to a lesser speed, but that still gives you the conviction. There is a possibility that your insurance may not increase for a 15-over ticket, depending on your provider. If it does go to trial, either the officer will have to have a faulty memory, show improper use/testing of the device, or some other technicality will have to occur for you to be acquitted.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca




Ultralyte
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by: Ultralyte on
Mon Nov 22, 2010 12:51 pm

Hi all,

Its really informative and helpful site.

I have speeding ticket 73 @ 50.
I did all the procedure on time also I got the disclosure but its not complete, just a 4 sentences on piece of paper(officer note). I requested disclosure as per ticketcombat.com sample disclosure.
So, I ask for further disclosure, too. But I don't think so they gonna provide me before court date.

Should I ask for another court date?
If I ask and it doesn't work, then they gonna offer lesser charges?

This is my first court related matter so I don't know what to do and what not.
thanks.


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by: Radar Identified on
Thu Nov 25, 2010 11:16 am

Did you ask for the radar manual?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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by: Ultralyte on
Fri Nov 26, 2010 1:56 am

yes I ask for radar manual.

I got the officer note(few points) as I mentioned earlier and he mentioned "ultralyte" only. I know its a laser device but when I check their web site the company is producing 4 types of device so my question is that he should provide me the exact model # too. Should I force this point forward?


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by: Radar Identified on
Sat Nov 27, 2010 7:31 pm

If they have not given you access to any sort of manual, then yes you should push it. You have every right to access the relevant parts of the manual, if they plan on using any information from it during the trial. Get an adjournment, make sure that it is clear that the delay is the Crown's fault.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca




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by: Ultralyte on
Mon Nov 29, 2010 2:38 pm

thanks for the comments.

It doesn't says anything about the test.
I have just piece of paper of pocket diary, on which officer has written five or six points (not full sentence), That's it.

If I ask for adjournment due to the incomplete disclosure and If they reject it and may say that officer has all the details/papers with him so proceed further, then what should I do? Should I still ask for the another date and complete disclosure?

Anyhow i just want to get rid of this ticket or delay it up to my next insurance renewal so pls suggest me the best possible way of it.
Thanks a lot.


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by: Ultralyte on
Tue Nov 30, 2010 12:13 pm

Went to the court today and I was write on time enter the court and within 5 min my name was called and crown said that "officer doesn't have enough evidence so your case is withdrawn...........". So, I just walk away.

Thanks a lot for everybody who respond to my request as well as everybody who contribute to this site. Also, thanks to ticketcombat.com, I learned a lot from them too.

I am just wondering, does this ticket gonna appear on my record? Insurance company has access to it?

thanks.


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by: Radar Identified on
Tue Nov 30, 2010 2:44 pm

Ultralyte wrote:I am just wondering, does this ticket gonna appear on my record? Insurance company has access to it?
No, and no. Convictions and suspensions are the only thing that go on your record. That's also all that your insurance company will have access to.

Congratulations! :D
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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