No Disclosure & I find out a reduced speeding penalty on day

joepenoso
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No Disclosure & I find out a reduced speeding penalty on day

by: joepenoso on
Mon Nov 07, 2011 5:20 pm

I received a speeding ticket early June 2011.
Two registered requests were made for disclosure July 28 and Oct.
At the trial I was notified it was a reduced penalty to 15 KPH over. First I heard of it. At trial disclosure was produced and the back of the ticket had a circled 85...presumably my speed? The case was adjourned to Feb.2012.
Afterward, looking at the disclosure, I got a photocopy of the tickets back written in Greek... and a cover page with 2 pages of the Decatur Genesis II Select Directional User's and Installation manual.
- On the disclosure I requested Typed version of any hand written notes
-Type of radar used & serial#
-Users manual for aforementioned radar unit.
Question ...What am I entitled to in disclosure?
If the ticket was reduced shouldn't I be told about it?
Can I request the rest of the manual or have the officers' notes de Greeked into English?
Thanks In Advance
Joepenoso


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Simon Borys
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by: Simon Borys on
Tue Nov 08, 2011 2:12 pm

Per the Supreme Court in R v Stinchcombe, you are entitled to anything is not "clearly irrelevant". What that means in any particular case is open to some dispute, which is why people have these arguments with prosecutors. They will say that you've been given the notes and that is sufficient. They will say they are under no standard obligation to have them typed up for you and that if you have a specific concern about not being able to read them, you can bring that up.

With respect to being notified of the reduction - you were, in the disclosure, so any obligation there has been discharged.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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hwybear
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by: hwybear on
Thu Nov 10, 2011 7:45 am

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca






joepenoso
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by: joepenoso on
Fri Nov 11, 2011 10:36 am

Thank You for your time and patience...
Question: What am I gauranteed? yes no
Serial number of radar? yes/no
Radar users complete manual?yes/no
Rewriting notes into the Queens' English?yes/no
Service history and age of radar?yes/no
Training of officer?yes?no?
Officer was in Caledon doing traffic...this is OPP traffic patroled territory paid by Peel for Peel?
Thanks
joepenoso


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Simon Borys
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by: Simon Borys on
Sat Nov 12, 2011 8:23 pm

Serial number of radar? probably
Radar users complete manual? unlikely
Rewriting notes into the Queens' English? depends on how illegible they are
Service history and age of radar? unlikely
Training of officer? case law says not relevant, if you have specific concerns about the officer's inability to operate the device you can raise that at trial
Officer was in Caledon doing traffic...this is OPP traffic patroled territory paid by Peel for Peel? irrelevant - officers are sworn for the entire province of Ontario
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joepenoso
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by: joepenoso on
Thu Nov 17, 2011 3:54 pm

Thank You for the promp replies....another question....In terms of a speeding ticket ...what am i guaranteed in disclosure aside from the charge, offence number, a few pages from the radar manual, the back of the ticket written in Russian and hyroglyphics(sp)?
Thanks
joe penoso
PS I want to request something through disclosure :twisted:




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