Disclosure (clarification)

CuriousDriver14
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Disclosure (clarification)

by: CuriousDriver14 on
Tue Dec 09, 2014 10:19 pm

Charge of SPEEDING - 75 KM/H IN A 50 KM/H ZONE in Vaughan (York Region)

Request for disclosure faxed in asking for the following:

- a copy of both sides of the officer's copy of the ticket (notice of offense)
- a full copy of the police officer's notes
- if short-form writing is used, explanation of short-form
- complete manual for speed measuring device used
- measuring device calibration results
- any statements made by the defendant

Disclosure package received from the prosecutor's office and it lacked a copy of both sides of the officer's copy of the ticket. In addition, the officer's notes weren't included - only a typed narrative text hard copy.

My question: is this considered an incomplete disclosure based on the lack of officer's copy of the ticket & lack of officer's original handwritten notes?

Side note: the wrong colour of vehicle driven is mentioned in the typed notes - does this carry any weight for the defense?



Edit: the narrative text hardcopy details testing of the radar before usage but not after. Am I mistaken or is the radar not supposed to be tested before and after?


Stanton
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by: Stanton on
Wed Dec 10, 2014 11:14 am

If you received an electronic ticket (i.e. the ticket itself is typed) then there are no hand written notes, only the typed ones. A copy of the ticket itself is irrelevant unless the officer made notes on it. I would say your disclosure is only incomplete if handwritten notes do exist and weren't provided.


CuriousDriver14
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by: CuriousDriver14 on
Fri Dec 19, 2014 2:12 pm

Stanton wrote:If you received an electronic ticket (i.e. the ticket itself is typed) then there are no hand written notes, only the typed ones. A copy of the ticket itself is irrelevant unless the officer made notes on it. I would say your disclosure is only incomplete if handwritten notes do exist and weren't provided.
The notice of offence is an electronic ticket as you described, so the typed notes provided were typed by the officer at the scene?

Follow up question with regards to disclosure:

Officer states in his disclosure that speed signs are posted North of his location where Southbound traffic is observed and the radar obtains a speed reading at a specific range. If the location of the signs posted is significantly different (read: much closer) than the location mentioned by the officer in his notes (and presumably the officer will repeat the same in court) and in fact are positioned within a few meters of the range determined by the radar does that not fall under the classic definition of speed trap where a vehicle is targeted before the speed sign?


Stanton
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by: Stanton on
Fri Dec 19, 2014 3:15 pm

With e-tickets, the officer types his notes at the time of the stop and they’re submitted electronically along with the ticket. One of the main benefits is that it’s supposed to help simplify disclosure, since the Crown doesn’t have to send a request to the officer any more to photocopy their notes.

In regards to distances, if the officer recorded your speed prior to a change in the limit, then that would certainly be beneficial to your case. However if the speed limit is constant along the roadway then it’s irrelevant if he measured your speed before or after the posted sign.


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