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Filing for Disclosure: What to ask for?
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PostPosted: Sat Mar 08, 2014 11:43 am 
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Joined: Sat Mar 08, 2014 11:06 am
Posts: 9
Hello. I've recently got two speeding tickets after my 3 year record was almost clean. Damn.

Now, I could save myself a lot of stress by just paying up, but I could save myself $600 a year per ticket by playing dirty. :lol:

One ticket is for 20 over (reduced from 41 over) in woodstock, and the second is in brantford for 15 over (reduced from 30 over and an unsigned ownership)

Obviously, I would not like to be a dick in court and be charged with 41 over. I'd like to NICELY ask for disclosure regarding anything that might help me find a loophole. Currently my plan is to prove the LIDAR wasn't properly calibrated, or settle for a reduced charge pre-trial.

Does this seem good? Or does it seem like I don't know what I'm doing. Because I don't know what I'm doing.

Here's my current request for disclosure:

Quote:
- A full copy of the police officer’s notes;
- A copy of both sides of the officer’s copy of the ticket (Notice of Offence);
- A typed version of any hand written notes;
- Any statements made by the defendant;
- Copies of the original notes of such statements;
- The names, address, and occupation of the persons providing such information;
- The make and model of the RADAR/LIDAR gun used to obtain the vehicle speed; and
- Proof that the device used to measure the vehicle speed was properly calibrated before and after the reading was obtained.


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Re: Filing for Disclosure: What to ask for?
PostPosted: Mon Mar 10, 2014 11:35 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Kurt_ wrote:
- A full copy of the police officer’s notes;
- A copy of both sides of the officer’s copy of the ticket (Notice of Offence);
- A typed version of any hand written notes;

Definitely the full notes should be provided. Back of the ticket probably won't be provided unless that's where the officer recorded his notes. You're unlikely to receive a typed version on your first request. You'll need to wait and see if the notes are legible before asking they be typed.

Kurt_ wrote:
- Any statements made by the defendant;
- Copies of the original notes of such statements;
- The names, address, and occupation of the persons providing such information; before and after the reading was obtained.

You're the defendant. Did you provide some type of written statement to the officer? Also not sure what you mean by that last line. This stuff just sounds like you copy and pasted your request from someone else.

Kurt_ wrote:
- The make and model of the RADAR/LIDAR gun used to obtain the vehicle speed; and
- Proof that the device used to measure the vehicle speed was properly calibrated before and after the reading was obtained.

Definitely the officer should mention the make/model in his notes. I also agree that test time before/after should be included, though some jurisdictions don't require this. Nothing wrong with asking for the testing procedure for the device as well (they should provide a copy of that section of the manual).

If you haven't sent off your request yet I'd cut out the useless stuff in the middle.


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Re: Filing for Disclosure: What to ask for?
PostPosted: Mon Mar 10, 2014 11:54 am 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 684
Also, ditch the word calibrate. Police don't "calibrate" the radar before and after an offence, they test it. Quite a big difference.


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Re: Filing for Disclosure: What to ask for?
PostPosted: Mon Mar 10, 2014 6:57 pm 
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Joined: Sat Mar 08, 2014 11:06 am
Posts: 9
This is what I sent out:

Quote:
- A full copy of the police officer’s notes;
- A copy of both sides of the officer’s copy of the ticket (Notice of Offence);
- Any hand written notes, typed if illegible;
- Any statements made by the defendant;
- Copies of the original notes of such statements;
- The names, address, and occupation of the persons providing such information;
- The make and model of the RADAR/LIDAR gun used to obtain the vehicle speed; and
- Proof that the device used to measure the vehicle speed was properly calibrated before and after the reading was obtained.


The next step is to get a freedom of information request, right? I'm a little unsure of how to file a freedom of information request with the cops.


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Re: Filing for Disclosure: What to ask for?
PostPosted: Mon Mar 10, 2014 7:55 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 684
Don't be surprised if you don't get all of those items. Some of them won't even exist.
See Stanton's detailed reply.


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Re: Filing for Disclosure: What to ask for?
PostPosted: Mon Mar 10, 2014 9:20 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Kurt_ wrote:
The next step is to get a freedom of information request, right? I'm a little unsure of how to file a freedom of information request with the cops.


For what? I can't think of anything you'd require for trial that wouldn't be provided as disclosure.

If you did want to make a FOI request, you'd have to go through the police agency's FOI office. You have to fill out a request and pay a fee for whatever information is provided. The more you request, the more you'll pay.


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