Trial next week, how do I ask for disclosure?

zeeden
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Trial next week, how do I ask for disclosure?

Unread post by zeeden on

Great site, very informative, but I find it hard to search for specific topics so I decided to ask.

My girlfriend got charged with s.128 of the HTA, i told her that when she got her notice of trial to notify me so that we can collect the disclosure. She didn't tell me that her trial was next week until yesterday.

One of the main reasons why I wanted to collect the disclosure is because she told me that the officer was driving on a motorcycle in the opposite direction and pulled her over for 84 km/h in a 60 km/h zone.

I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed.

Now that her trial is next tuesday, do you think it is possible to request for the disclosure at the beginning of her set court date/time?

I called the prosecutors office at old city hall and they said that it would be possible and that they would make photocopies of it and give it to her.


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neo333
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Unread post by neo333 on

yes, you should be able to ask for disclosure at the hearing. If the prosecutor tries to hand it to you before the hearing starts and wants to proceed, don't let them. You can ask the judge for an adjournment to digest the disclosure. Tell them, as a layperson, you did not know your right for disclosure until just recently. There is a 100% chance the crown won't give you everything you need, because you haven't asked for everything you really need. Do some more research here and at ticketcombat.ca on how to draft the appropriate disclosure letter. You will need to ask for the officer's notes and the make, model and manual for radar used (complete copy).

Judge should adjourn to allow crown time to gather your disclosure info and set a another court date.


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hwybear
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Unread post by hwybear on

zeeden wrote:I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed..
Radar - can be used in a cruiser, pickup, SUV and even on an Motorcycle
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Radar Identified
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Unread post by Radar Identified on

zeeden wrote:I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed.
Some police motorcycles have the radar device with a built-in readout display installed on the motorcycle itself. It's integral, so basically the officer simply pushes a button and the radar turns on. The antenna is mounted somewhere on the front of the bike - similar to many cruisers used for traffic enforcement, radar antennae are installed on both the front and/or rear of the patrol vehicle.
neo333 wrote:Judge should adjourn to allow crown time to gather your disclosure info and set a another court date.
Just to add to that... The downside is, at this point, getting an adjournment where you have to request it squashes any possibility of staying the charge later due to the Crown causing an "unreasonable delay of trial."
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


zeeden
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Unread post by zeeden on

thanks for the replies. She was given disclosure at the trial and it was adjourned to another date. Now time to ask for the rest of the disclosure.

Does anyone know if the car speeding/ticketed has to be the 'lead' car? She was 2 car lengths behind the car in front of her when she was 'radared'.
Last edited by zeeden on Thu Aug 05, 2010 10:12 am, edited 1 time in total.


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Simon Borys
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Unread post by Simon Borys on

It's easy to target a specific vehicle with a laser using the scope, but it is much more difficult to isolate a vehicle with a radar that is not alone on the road or at least in front. If that were me I would be very interested in hearing how the officer articulated that he targeted the person's vehicle.




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