Late Disclosure and Trial Date, 34 over

redd24
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Late Disclosure and Trial Date, 34 over

Unread post by redd24 on

This is my very first infraction of any kind. I am a G2 driver. I was clocked at going 84 in 50 road on Feb 6th 2016. The officer was sitting in his drivers seat and used the radar from the window. (Is this correct use of the radar, should he be standing outside unobstructed?) I was driving a rental and have never owned my own auto insurance.

I only got my notice of trial at the end of June 2016 and did not do anything about it till now. My trial date is Oct 3rd 2016. I just faxed in the request for disclosure today Sep 16th, 17 days before my date. It probably is not enough time for the prosecutor to gather disclosure. In the disclosure I asked for bodycam footage of the officer as he was wearing one at the time and notified me about it. So should I show up and request an adjournment on the grounds that I did not receive disclosure? Will the justice see that I requested it this late and did not give the prosecutor reasonable time to gather my disclosure? Will this harm my chances of getting a stay down the line?

Any help is appreciated.

Thanks


screeech
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Unread post by screeech on

Yes that is proper use of the radar...the window may reduce the effective range of the radar but not the accuracy...the JP may not be happy with you for making a late request for an adjournment but they likely will...that delay will count against you, not the prosecution...


redd24
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Unread post by redd24 on

Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that? Btw my trial is at Toronto West. 2700 Eglinton W


Zatota
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Unread post by Zatota on

Once there's an adjournment that counts against you, you won't have a case for trial delay. Regardless, a trial date that's only eight months after the offence date would not be considered an unreasonable delay anyway, particularly in the GTA. Anything under roughly 15 months (Toronto proper) or 12 to 13 months (York Region) is considered fair.


bend
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Unread post by bend on

redd24 wrote:Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that?
You've known about this ticket since February. You received your Notice of Trial in June. You sent in your disclosure request 2 weeks before your trial at the end of a Friday.


redd24
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Unread post by redd24 on

bend wrote:
redd24 wrote:Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that?
You've known about this ticket since February. You received your Notice of Trial in June. You sent in your disclosure request 2 weeks before your trial at the end of a Friday.
I received bad advise from a friend who's a law student. His strategy was to keep adjourning till it gets thrown out.


argyll
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Unread post by argyll on

Ah, the law student thing. Every copper's comedy show when someone steps up and says "I'm a law student, you know" and then proceeds to tell us what we can and can't do !

Sadly Zatota is right. You'll have to deal with this one.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


bend
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Unread post by bend on

redd24 wrote:I received bad advise from a friend who's a law student. His strategy was to keep adjourning till it gets thrown out.
Also, you're a g2 driver subject to novice driver escalating sanctions. If convicted of an offense with 4 or more demerit points, you'll serve a 30 day suspension. Just something to keep in mind.


redd24
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Unread post by redd24 on

Ok ,
So I had my trial appearance today. It was a very revealing experience. The JP was waiving the fine completely for people who took plea deals and were unemployed.
The prosecutor agreed to adjourn to Jan 27 2017, although he noted my late request for disclosure and that I had not mentioned my phone number in request for disclosure.
They also gave me disclsoure. Ive scanned it and uploaded it: http://imgur.com/a/nftAa

Any advice is appreciated.


redd24
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Unread post by redd24 on

So I found a link with a PDF of the full manual: http://speed.g-zona.hr/manuals/UltraLyte%20LR%20B.2.pdf

Under Instrument Confidence checks it says " LTI suggests that you do one of these tests each time the instrument
is taken on duty. "

There are 2 tests, Fixed Distance Test and Delta Distance test which both involve standing fixed distances from a wall.

From the manual:
When setting up an area for these tests, LTI recommends:
• Permanently installing the test area in a convenient location.
The test area must establish a permanent, known distance
between a shooting mark and a target (Fixed Distance Test)
or between a shooting mark and two targets (Delta Distance
Test).
• Using a metal tape to measure the distance; this will ensure
that the measurement is accurate.

The officers notes only say:

"Test ultra lyte UX011086 at 0615 and 1100"

It doesnt say which test was conducted.


What are the odds the officer doesnt do this at all? Is this an angle that's worth pursuing?

Can I write to the prosecutor asking him to provide this information? (which he most likely does not have)


argyll
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Unread post by argyll on

No, if the notes say the test was done then the test will have been done. There will be an area set out for it and it will be done the same way every time. The officer will testify to that.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


jsherk
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Unread post by jsherk on

Yes it is a good angle to attack... basically you need to ask the officer what test they did and how they did it. You need to check the manual and see if the officer did everything they were supposed to do, the way they were supposed to do it. If they did not, then you get them to confirm what they did and how they did it. You then ask them if the manual you have is the manual for their device and then get them to read the testing procedure portion that they did incorrectly.




+++ This is not legal advice, only my opinion +++


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