I got speeding ticket 60 (reduced from 64) in 40 zone, i requested for disclosure of ofiicer's note (typed), calibration record, training record...but only received the copy of the ticket. the back side has officer note but unreadable.
should i sent another request for a typed version of the officer's note?
As for calibration record, training record, do i have to get from police station thru "freedom of info" act or from prosecutor office?
thanks in advance for any help
Resend the request asking for a typed version. An example request form is on my site under Step 4.
The prosecutor has to provide you with access to evidence that shows the device was working properly and the officer was properly qualified to use it. They may deem the calibration record or training record unnecessary but they have to show some type of evidence, not just the witness testimony.
If they don't, you've got an excellent section 7 Charter argument to stay the trial.
I checked out your site, ticketcombat. thanks for all the work.
I could not find any link or any example you mentioned on your site under offence menu
"On the left hand side of this page under the Offence menu are links to specific charges and suggestions as to what to request in disclosure."
"but they have to show some kind of evidence"
just what kind of evidence
"section 7 charter arguement to stay the trial"
is this what i just state to the judge or prosecutor??
My court date is TODAY!!
Edge, I'm in the process of updating the site with more examples of how to fight specific charges. However, to find the disclosure form go to STEP 4 -->disclosure on the right hand side menu (discussion board rules do not allow me to link to my own site).
klayymann, you've left it too late. I suspect you also haven't requested disclosure. If the cop is there, then ask the judge for an adjournment. State you've just discovered this thing called disclosure and you want to be prepared for trial.
The judge cannot deny you your constitutional right to defend yourself using any means possible! Disclosure is an integral part of your defence.
Do see if the cop does not show up. If he's not there, you've won on the spot. Ask for adjournment if the cop is there, arguing that you did not know about disclosure, but just found out about it yesterday.
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com
so much for an adjournment....
i'm an idiot!! and a great lesson has been learned, do not goto trial without being prepared (disclosure) .
in my case today the cop was there, i plead not guilty again to the prosecutor she stated that she would try and get me charged at the original speed i was clocked at (73 in a 50 instead of the reduced amount) and then she read the disclosure on the back of the ticket (which had almost everything about the incident and the radar unit) she really did her homework it seems !!it was at that moment that i figured you know what, i'll end it now, take my $53 dollar lump no points so i plead guilty.
one relief was that as i was paying the fine another guy in line who represents a trucking firm and is in court all the time told me i got the meanest prosecutor outta the bunch.
i hang my head in shame. whats worse is i have another damn speeding ticket court date is April, maybe better left with a paralegal...
Thanks ticketcombat, i found example of disclosure on your site.
I am researching the 11b process as it defintely becomes handy in the future.
Do-it-yourself is quite a bit of work and bit intimidated too in the court room but learning a lot in the process.
I'll take my chance, worst case i loose i'll pay the fine(24 over)+3points, but it's not the end of the world.
Hmm, two speeding tickets in such a short time. Maybe you should just do the speed limit.........just a thought
just bad timing i havent had a speeding ticket in over 8 yrs then i get two in the space of 3 months. both were in the neighbourhood of 20km over.
I requested the 2nd diclosure for typed version of the note and cal record, training record... but received the same illegible written note again. There is no point for the 3rd request, isn't it?
My court day is in June , i plan the motion to stay the charge on two grounds:
1. unresonable delay as per section 11b of the charter of right (11 months from offence day)
2. improper disclosure as per section 7 of the charter of right (illegible note, no calibration record and no traning record realeased)
Any comment on the next step would be appreciated.
P.S: Does anybody know what the phone and fax number for Ontario court of justice (for court house 1530 Markham rd.)? Google gave me many numbers but not quite matched and fit the name "Ontario court of Justice". Thanks in advance
The fax numbers I have are: 416-338-7703 (Prosecutor) and 416-338-7700 (Court House). Just double check my numbers especially for the clerk of the court. You don't want to blow it over a simple mistake.
Second Speeding ticket to fight (not reduced so I had to fight), totally prepped this time and no disclosure from the prosecutors office so i was going for the lack of disclosure, waited and my appearance was adjorned because of a case that was going into overtime, two week delay and a date set by the officer. well apr 29 was that date and i was back, still no disclosure and my only defence. on the court posting the officer was only attending my case, so i was wondering if he would show up. HE DIDNT SHOW UP!!! i was a free man!!!
Whats the lesson learned?? be prepared, do some research, you can do this yourself, but most importantly dont get a ticket in the first place!
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