Need Advice on Limited Disclosure before Court Date

oldbear
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Need Advice on Limited Disclosure before Court Date

by: oldbear on
Fri Sep 13, 2019 12:24 am

Dear friends,
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.

My questions:
1) does the prosecutor have the obligation to obtain these documents, or at least direct me as where to obtain them?
2) what is the best thing to do in the trial coming up very soon?
Can I request JP to postpone the trial until the documents are obtained?
What do I lose if I let the trial go ahead?
Zatota
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by: Zatota on
Fri Sep 13, 2019 5:05 pm

You won't get those. The information is not readily available to the prosecutor and court decisions have stated the prosecution does not need to provide them. You have every right to cross-examine a police officer as to his or her qualifications, but you won't get any documentation.

Do you have the officer's notes and any evidence the prosecution intends to use against you?
oldbear
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by: oldbear on
Sat Sep 14, 2019 12:42 am

Yes. I already got it in my first disclosure request. But I did not get everything in my second request. So now I have to challenge his notes and charges.
What are the latest court decisions saying that police need not produce the calibration record to prove the proper functioning of the device ? (as some earlier court decisions appear to rule the contrary)
What does an officer usually do to test his device? (as he said he tested the radar before and after)
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by: Zatota on
Sat Sep 14, 2019 7:38 am

I don't know the names of the cases, but others here may.

All the officer has to do to test the device is to push the TEST button. He or she must do that at the start of his or her shift and at the end. The time and result of the test must be annotated in the officer's notebook. The case for this requirement is Schlesinger.
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by: Gozit on
Sun Sep 15, 2019 4:29 pm

I think its based on the testing instruction in the manual. Ex, the manual for the radar used in my case specifies to do a moving test at a legal speed against the vehicle speedometer. So if it comes to trial I will be asking if officer performed that part of the test as per the manual.
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by: Zatota on
Mon Sep 16, 2019 9:56 am

Decatur wrote:
Sun Sep 15, 2019 4:11 pm
Schlesinger is not an appeal court decision and isn’t binding on any other court.
That's true. My understanding, however, based on a number of posts I've read here and one case that I saw while waiting for my own a couple of years ago, is that JP's rely on it and apply it.
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by: Decatur on
Mon Sep 16, 2019 10:23 am

R v Chair and R v Vancrey plus others speaks to testing. Both are OCA decisions.
Most courts rely on what the testing procedure says in the manual. Some say it’s not necessary for a test after. It all depends on what make and model are being used. Even then I have seen some leeway in some of the testing required, depending on the type of radar.
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