-Mid August I wrote a follow up request specifically asking for the manual -Drew up stay documents today and went to file them in person, as well as a third disclosure request (second followup). Being a smaller municipality, the prosecutor was there and she came out when the clerks were all wide-eyed at the stay papers. She quickly came out with a copy of the lidar testing procedures. I said this was sufficient but later thought maybe I also need the operating instructions...I didn't finish filling the stay. The prosecutor offered to lower it but I told her it makes no difference to me if it's lowered or not, since it will affect insurance. She seemed very kind and understanding and said that the onus is on them to prove it in court and that there are "a bunch of things" they need to say and that if they miss anything, it is dismissed. So now for the hard questions: 1) Now that I've drawn attention to the testing procedures, I figure they will be very thorough and say they did everything it says to do in the few-pages-of-instructions for testing that I was given. 2) If after the officer says what they have to say, there is something that I notice he didn't do, will it be enough to dismiss the case if I mention it after his testimony, or can he simply add, "Oh yes, we did that too." ? 3) I'm trying to draw up a list of what the prosecution needs to establish based on what I've read and what the prosecution just told me: i) The device was tested properly before and after. [prosecutor said] ii) The device was in good working order. [prosecutor said] iii) The officer was properly trained to use it. [prosecutor said] iv) The offence was committed with a motor vehicle. Please add to the list so I know what I have to work with!
-Mid August I wrote a follow up request specifically asking for the manual
-Drew up stay documents today and went to file them in person, as well as a third disclosure request (second followup). Being a smaller municipality, the prosecutor was there and she came out when the clerks were all wide-eyed at the stay papers. She quickly came out with a copy of the lidar testing procedures. I said this was sufficient but later thought maybe I also need the operating instructions...I didn't finish filling the stay.
The prosecutor offered to lower it but I told her it makes no difference to me if it's lowered or not, since it will affect insurance. She seemed very kind and understanding and said that the onus is on them to prove it in court and that there are "a bunch of things" they need to say and that if they miss anything, it is dismissed.
So now for the hard questions:
1) Now that I've drawn attention to the testing procedures, I figure they will be very thorough and say they did everything it says to do in the few-pages-of-instructions for testing that I was given.
2) If after the officer says what they have to say, there is something that I notice he didn't do, will it be enough to dismiss the case if I mention it after his testimony, or can he simply add, "Oh yes, we did that too." ?
3) I'm trying to draw up a list of what the prosecution needs to establish based on what I've read and what the prosecution just told me:
i) The device was tested properly before and after. [prosecutor said]
ii) The device was in good working order. [prosecutor said]
iii) The officer was properly trained to use it. [prosecutor said]
iv) The offence was committed with a motor vehicle.
Please add to the list so I know what I have to work with!
