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.
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?
Do you have the officer's notes and any evidence the prosecution intends to use against you?
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)
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.
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.
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.
- Similar Topics
Users browsing this forum: No registered users and 8 guests