I'm seeking some advice on what to do next.
On October 18th, I was pulled over for going 134km/h by OPP on 400 series highway. I never saw him, until he caught up to me in an unmarked Ford Explorer. He reduced the ticket to 29km/h over to lower the cost of the ticket and demerit points.
I waited until I received my court date, and I sent off my disclosure request via email. I called them beforehand, got the email and I believe they send me the disclosure via email as well.
I sent the disclosure on December 4th, 2017. It is as follows;
Date: Monday December 4th 2017
45 Cedar Pointe Drive
Offence Number: *********
Offence Date: October 18th, 2017
With regard to the above matter and in light of the guidelines set out in R. v. Stinchcombe, 1991 CANLII 45 (S.C.C.), and subsequent cases, I am requesting that you provide me with all relevant information and documentation so that I may prepare my defence against the above charge and make full answer.
Without limiting the generality of the above request, I ask that you also include:
Ã¢â€”Â a full copy of the police officers notes (including explanations of shorthand, or coded notes);
Ã¢â€”Â a copy of both sides of the officers copy of the ticket (Notice of Offence);
Ã¢â€”Â a typed version of any hand written notes;
Information about the speed monitoring device used (Make, Model and Serial #) to measure speed in the alleged offence;
Ã¢â€”Â A copy of the operators manual for said speed-monitoring device;
Ã¢â€”Â A copy of the officers training record, or certificate of qualification specific to said speed-monitoring device, or speed estimation device;
Calibration and Repair history (with dates and times) for the speed-monitoring device;
Ã¢â€”Â A copy of the officers Test log of the speed-monitoring device on October 17, 2017 and October 18, 2017 including testing done PRIOR TO AND AFTER the ALLEGED OFFENCE ABOVE;
And any other document that the Crown, or Crowns witness, may rely on at trial
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.
If you require further information from me or have any questions regarding my request for disclosure please do not hesitate to contact me.
I did not recieve any sort of confirmation, so I sent an email on December 13th asking if they have received my disclosure request. The prosecution's clerk got back to me in the morning, she replied "received with thanks".
My court date is on January 31st. I haven't received disclosure and I'm not sure what to do next. I dont have any tickets on my record. Any help would be appreciated.
You were charged on October 18th, 2017. You sent in your disclosure request when you received your Notice of Trial on December 4th. You followed up on December 13. Your trial date is January 31st, 2017.
All in all, it's a pretty tight time frame when you consider the holidays. It's not their fault, it's not yours. You should expect to wait several weeks for your disclosure request is fulfilled.
You'll likely show up to trial and they'll have your disclosure request ready for you. Your case will likely be adjourned and you'll have to show up at a later date.
If the Prosecutor does not have the disclosure next week, he or she may be willing to withdraw the charge. However, as bend notes, there hasn't been much time for disclosure to be prepared, so anticipate an adjournment.
You may want to ask that the adjournment be noted as attributable to the Prosecution so that the delay does not count against you. You could also ask that it be peremptory on the Prosecution, meaning if the Prosecution is not ready the next time, it's game over.
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