I'm not sure why the York Region letter says 3 months. The accepted guidelines is that the crown has 6-8 weeks to process disclosure requests in the province of ON. Lets say that your notice of trial was received <6 weeks from your trial date; there is nothing stopping you from requesting disclosure. If the crown argues they don't have enough time to process it; you're still in a better position because you requested for it at the earliest opportunity. If the delays/adjournments lead to an 11b charter challenge; it could be argued that the delays were not neutral/your-fault, rather they're systematic and you shouldn't be prejudiced by them. Your academic achievements are irrelevant to the charge, I would not bring them up whatsoever; the only defence to speeding under S128 in Ontario is the "necessity defence"; speeding is an absolute liability offence. From what you described the defence of necessity is not afforded to you. Request disclosure at the prosecutor's office at Tannery Mall as soon as possible, do not use their form. Use this Sample Disclosure Form, bring two copies: one for them, one for you and get your copy stamped with 'received/date'. You'll see the speed he obtained in the disclosure request, and how he obtained it, along with testing notes and pages. Officer does not need to show you his radar/lidar reading at the side of the road. If he does show it to you, it's merely a courtesy. He shouldn't risk his life to argue the charge on the shoulder, especially on a freeway where the average speeds are well in excess of the posted limit. Is this the first time you've driven on the 407? OPP do speed enforcement every hour of every day at the EXACT SAME enforcement points. They're out there so often even streetview has them. WB 407 @ 427: https://goo.gl/maps/gqWkMyhkWJR2 EB 407 @ Keele: https://goo.gl/maps/FTsskmXjEwK2 It's just a matter of staying well below 130 as you pass these points. They're literally shooting fish in a barrel IMO, with tow trucks waiting on on-ramps for the stunt-tow calls. They also have large signs just ahead of their enforcement points that say "Move Over for Emergency Vehicles"; suggesting that somebody is going to get pulled over up ahead. I'm not sure how much more obvious they can be about their presence on the 407. Their OPP twitter accounts routinely have tweets with pictures of them doing enforcement there. If you use @waze you also get a heads up whether they're there or not.
I'm not sure why the York Region letter says 3 months. The accepted guidelines is that the crown has 6-8 weeks to process disclosure requests in the province of ON.
Lets say that your notice of trial was received <6 weeks from your trial date; there is nothing stopping you from requesting disclosure. If the crown argues they don't have enough time to process it; you're still in a better position because you requested for it at the earliest opportunity.
If the delays/adjournments lead to an 11b charter challenge; it could be argued that the delays were not neutral/your-fault, rather they're systematic and you shouldn't be prejudiced by them.
Your academic achievements are irrelevant to the charge, I would not bring them up whatsoever; the only defence to speeding under S128 in Ontario is the "necessity defence"; speeding is an absolute liability offence. From what you described the defence of necessity is not afforded to you.
Request disclosure at the prosecutor's office at Tannery Mall as soon as possible, do not use their form. Use this Sample Disclosure Form, bring two copies: one for them, one for you and get your copy stamped with 'received/date'.
You'll see the speed he obtained in the disclosure request, and how he obtained it, along with testing notes and pages. Officer does not need to show you his radar/lidar reading at the side of the road. If he does show it to you, it's merely a courtesy. He shouldn't risk his life to argue the charge on the shoulder, especially on a freeway where the average speeds are well in excess of the posted limit.
Is this the first time you've driven on the 407? OPP do speed enforcement every hour of every day at the EXACT SAME enforcement points. They're out there so often even streetview has them.
WB 407 @ 427: https://goo.gl/maps/gqWkMyhkWJR2
EB 407 @ Keele: https://goo.gl/maps/FTsskmXjEwK2
It's just a matter of staying well below 130 as you pass these points. They're literally shooting fish in a barrel IMO, with tow trucks waiting on on-ramps for the stunt-tow calls.
They also have large signs just ahead of their enforcement points that say "Move Over for Emergency Vehicles"; suggesting that somebody is going to get pulled over up ahead.
I'm not sure how much more obvious they can be about their presence on the 407. Their OPP twitter accounts routinely have tweets with pictures of them doing enforcement there. If you use @waze you also get a heads up whether they're there or not.
