hey guys, First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion. Feb 13 - Pulled over and issued ticket for Speeding, 141 going NB on 416 (towards Ottawa), filed for trial date, received it to be May 12th, 2009 (changed to June 4th 2009 because of JP unavailable on original date). Filed for 1st Disclosure - March 3rd Asked for: - Full copy of officer's notes - Copy of both sides of the officer's copy of the ticket (notice of offense) - Typed version of any hand written notes - witness statements; - any statements made by the defendant - copies of the original notes of such states - the names and address occupation and criminal record of the persons providing such information Recieved the following March 26th: Photocopy of hand written notes, and my driver's abstract. - The hand written notes have the following errors: Officer tested before/after (fine) - HOWEVER: Officer listed model of LIDAR: Laser Atlanta Speed Laser L (Laser Atlanta has confirmed to me that the Model L of the speed laser is a model that doesn't exist) - Wrote that a pack of cars were going at high rate of speed (135-137) and that my car was the one he stopped at Rear. - Wrote my vehicle was GREEN when my car is BLACK FILED for additional disclosure request on MAY 12th: Asking for: 1. Specifics of the laser unit, owners manual and operating instructions 2. Officer's Training Record specific to said laser unit 3. Repair history of the unit 4. Official procedure for laser equipment testing and operator training standards. 5. Officer's hand written notes because they are unreadable. NONE of which was provided before June 4th With 14 days to go, I filed a STAY application based on non-disclosure because I clearly wasn't getting my disclosure and thus I wouldn't be prepared for trial. The TRIAL on JUNE 4 Here is what ensued (wow it sucked): - Prosecutor tries to make me a deal, twice and claimed to me that he NEVER ASKS his officers to TYPE their notes, never! - When my name is called, the prosecutor first gives the JP the officer's notes and says they ARE READABLE. - JP says to me "It's a speeding charge, stop playing games." - I reply "officer the notes are unreadable and I cannot fully answer or properly defend myself" - JP says "maybe you should get some glasses?" - Me: I filed an application for STAY your Worship - JP says "Sit down, we'll examine it, after a few hours, snicker" JP comes back and says "Did you do your research?" - I say "Yes, I 've included case law and precedents there" JP says: "You are not entitled to the radar manual, and based on case laws that I've decided on in the past, you need to do your research, come back on Sep 3" After trial: June 15 - I file disclosure request (citing R v. Egger, R v. O'Connor, R.v. Stinchcombe) for the following, they replied with this 10 days later: Here's what I asked for, with the bolded text being their response: 1) Copy of both sides of the officer's copy of the ticket - Notes Only 2) Typed version of hand written notes NO 3) Make model and serial number of radar unit In notes 4) Training recrod specific to the laser unit Yes 5) Any repair history of unit (blank) 6) Official procedure for testing and operating laser equipment yes Problems I find: - They sent me an ADDITIONAL page of notes saying the laser was RETESTED after he ended his shift (meaning it complies with THIS CASE) - They sent me the SPEED LASER guide not the SPEED LASER L guide (which is probably the same) - My vehicle is the wrong colour in the notes. Is that enough to discredit the officer? Or have I just been screwed by asking for disclosure again? My court date is in about 3 months. Edit: Also, while the first page and last page of the disclosure is readable, the most important page, the one dealing with the pull over of MY vehicle is VERY unreadable, I'll scan and post a picture of this to see if you can translate ALL of it, thanks guys. EDIT: I will be filing an additional disclosure request, what case laws can I cite so that I get the following: - Typed notes - ANYTHING that can cause non disclosure and stone wall them. What haven't I asked for that I should be asking for? THANKS again and I look forward to your advice.

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Speeding 141 - Sep 3 court date (adjourned from June 4)

by: m4gician on

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m4gician
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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

Thank you. I'll ask for a will say statement and whatever else Neo asked for in his disclosure request. That translation was very much appreciated.

Thank you. I'll ask for a will say statement and whatever else Neo asked for in his disclosure request. That translation was very much appreciated.

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

I have since made my additional disclosure request again requesting a typed copy of hand written notes, as well as the owner's manual for the specifc model of lidar that the officer claimed to have tested prior to his shift. I asked for a log of all the tickets he has handed out that day as well and anything else that may be useful to me at trial. I will udpate when i get the details.

I have since made my additional disclosure request again requesting a typed copy of hand written notes, as well as the owner's manual for the specifc model of lidar that the officer claimed to have tested prior to his shift.

I asked for a log of all the tickets he has handed out that day as well and anything else that may be useful to me at trial. I will udpate when i get the details.

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

Just to update, I've filed 6 timely disclosure requests, none of them complete, with the last 3 not being responded to. So what I've done was file a stay application under section 7, I have a court date on Thursday, i'll update how it goes. One thing is that I have multiple defense strategies. 1) Stay application based on non disclosure 2) Objecting to use of Officer's notes because he does not have independent recollection 3) Highlighting that I have not received a manual that states the proper use of radar gun. 4) Highlighting that the officer did not sufficiently provide information the SPECIFIC model of lidar he used DOES NOT EXIST therefore having a prima face case where if he did not test a gun that does not exist, he did not test it and therefore the JP should have an easy time judging this. 5) If the above doesn't work, i'll talk the officer into circles and get him to describe my car wrong (in his notes he wrote my car was green -- it's black) and I'll have ownership to prove that. 6) Aruging that because I was not provided information and that I missed two days of work at 8 hours each day just to drive to nowhere's ville. Wish me luck.

Just to update, I've filed 6 timely disclosure requests, none of them complete, with the last 3 not being responded to. So what I've done was file a stay application under section 7, I have a court date on Thursday, i'll update how it goes.

One thing is that I have multiple defense strategies.

1) Stay application based on non disclosure

2) Objecting to use of Officer's notes because he does not have independent recollection

3) Highlighting that I have not received a manual that states the proper use of radar gun.

4) Highlighting that the officer did not sufficiently provide information the SPECIFIC model of lidar he used DOES NOT EXIST therefore having a prima face case where if he did not test a gun that does not exist, he did not test it and therefore the JP should have an easy time judging this.

5) If the above doesn't work, i'll talk the officer into circles and get him to describe my car wrong (in his notes he wrote my car was green -- it's black) and I'll have ownership to prove that.

6) Aruging that because I was not provided information and that I missed two days of work at 8 hours each day just to drive to nowhere's ville.

Wish me luck.

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

good luck

good luck

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

Radar and Lidar are different, don't use both terms at the same time for the speed gun in question. Accuracy counts when you want to defeat the cop and convince the JP.

Radar and Lidar are different, don't use both terms at the same time for the speed gun in question. Accuracy counts when you want to defeat the cop and convince the JP.

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

don't think you will ever see that, it is a copyright document. To my understanding each crown has the manual for viewing purposes only and you can attend a look it over.

m4gician wrote:

3) Highlighting that I have not received a manual that states the proper use of radar gun.

don't think you will ever see that, it is a copyright document. To my understanding each crown has the manual for viewing purposes only and you can attend a look it over.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

Does Laser Atlanta have the Light or Ultra Light model? (Or I think they spell it Lyte or Ultra Lyte or something like that.) Thought I saw that somewhere.

Does Laser Atlanta have the Light or Ultra Light model? (Or I think they spell it Lyte or Ultra Lyte or something like that.) Thought I saw that somewhere.

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

don't think you will ever see that, it is a copyright document. To my understanding each crown has the manual for viewing purposes only and you can attend a look it over. You cannot deny access to or a copy of the manual on the basis of copyright, see IPC ORDER MO-2016 and s. 32.1(1) of the Copyright Act

hwybear wrote:

m4gician wrote:

3) Highlighting that I have not received a manual that states the proper use of radar gun.

don't think you will ever see that, it is a copyright document. To my understanding each crown has the manual for viewing purposes only and you can attend a look it over.

You cannot deny access to or a copy of the manual on the basis of copyright, see IPC ORDER MO-2016 and s. 32.1(1) of the Copyright Act

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

That's right, i was shot with this once, it's an Ultralyte. Its manual claims to have a "wheather filter" button which allows the speed reading taken in rain, snow or fog.

Radar Identified wrote:

Does Laser Atlanta have the Light or Ultra Light model? (Or I think they spell it Lyte or Ultra Lyte or something like that.) Thought I saw that somewhere.

That's right, i was shot with this once, it's an Ultralyte. Its manual claims to have a "wheather filter" button which allows the speed reading taken in rain, snow or fog.

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Re: Speeding 141 - Sep 3 court date (adjourned from June 4)

From what I know, 525 m and beam divergence 3 milliradians, let's see carry the 9, and the beam is 1.575 meters in diameter, or bigger then the frontal area of your car. The officer could have taken the reading from a car around you. Plus at that distance if the beam to targeting dot is out even 0.2 of a degree its a difference 1.82 m at that distance ........Make sure you get confirmation one way or the other whether or not the officer did the alignment check on the gun. In order for the JP to convict you he'll have to have it written down...... http://www.canlii.org/en/on/oncj/doc/20 ... cj217.html Specifically: [21] Officer Zarrello testified that he "tested" the "laser" device at 8:45 p.m. on June 4, 2006, more than a hour before securing the readings on the "laser" device of the appellants speed at 9:55 p.m. Officer Zarrello had no memory of when or whether he tested the "laser" device after the offence. His notes provided no assistance. "Q. What time did you test the laser device after the alleged offence? A. Sorry, I dont have it marked down in my book what time." (Transcript February 13, 2007, page 24 lines 20-23) [22] Did Officer Zarrello use the manufacturers manual as a guide when conducting the test on the laser device? "Q. So did you use the manual when testing this device? A. If I have to, yes. Q. In this particular occasion did you use the manual to test the device? A. I did not mark it down if I used it or not. Q. So you said you had an independent recollection. Do you recall using the manual when testing the device? A. No I dont recall using it." (Transcript February 13, 2007, page 16, lines 15-23)

last (reading) 141(km/hr) at 525.86m (metres)

From what I know, 525 m and beam divergence 3 milliradians, let's see carry the 9, and the beam is 1.575 meters in diameter, or bigger then the frontal area of your car. The officer could have taken the reading from a car around you. Plus at that distance if the beam to targeting dot is out even 0.2 of a degree its a difference 1.82 m at that distance ........Make sure you get confirmation one way or the other whether or not the officer did the alignment check on the gun. In order for the JP to convict you he'll have to have it written down......

http://www.canlii.org/en/on/oncj/doc/20 ... cj217.html

Specifically:

[21] Officer Zarrello testified that he "tested" the "laser" device at 8:45 p.m. on June 4, 2006, more than a hour before securing the readings on the "laser" device of the appellants speed at 9:55 p.m. Officer Zarrello had no memory of when or whether he tested the "laser" device after the offence. His notes provided no assistance.

"Q. What time did you test the laser device after the alleged

offence?

A. Sorry, I dont have it marked down in my book what time."

(Transcript February 13, 2007, page 24 lines 20-23)

[22] Did Officer Zarrello use the manufacturers manual as a guide when conducting the test on the laser device?

"Q. So did you use the manual when testing this device?

A. If I have to, yes.

Q. In this particular occasion did you use the manual to test the device?

A. I did not mark it down if I used it or not.

Q. So you said you had an independent recollection. Do you recall using the manual when testing the device?

A. No I dont recall using it."

(Transcript February 13, 2007, page 16, lines 15-23)

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