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Ontario Highway Traffic Act

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Re: Ticket for 35km over, help with disclosure appreciated!
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PostPosted: Tue Jun 07, 2016 12:04 am 
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Joined: Tue May 24, 2016 1:07 am
Posts: 12
Decatur wrote:
Radar make, model and serial number were all provided in the officers notes.
Don't expect to get the radar manual, it usually isn't provided. The most you'll get will be the testing instructions and probably an opportunity to view the manual. If you dont get the additional disclosure about two weeks before trial, the best you can hope for is an adjournment to another date.

But how am I expected to properly cross-examine the officer if I dont have knowledge about the radar, and how do I gain this knowledge without being provided with the manual? Seeing the manual for a couple minutes prior to the trial doesn't give me enough time to properly build my case and cross-examine the officer.


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Re: Ticket for 35km over, help with disclosure appreciated!
PostPosted: Tue Jun 07, 2016 12:56 am 
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Posts: 12
I've been doing some reading on possible strategies. If I dont receive the officers typed notes in time (eg >2 weeks prior to the trial), would I have a shot at filing a stay of proceedings?


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Re: Ticket for 35km over, help with disclosure appreciated!
PostPosted: Tue Jun 07, 2016 3:32 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 711
No, they'll just set a new date.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Ticket for 35km over, help with disclosure appreciated!
PostPosted: Tue Jun 07, 2016 7:26 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1654
confused23 wrote:
But how am I expected to properly cross-examine the officer if I dont have knowledge about the radar, and how do I gain this knowledge without being provided with the manual? Seeing the manual for a couple minutes prior to the trial doesn't give me enough time to properly build my case and cross-examine the officer.


That is exactly the argument you need to bring up before the trial starts, so you have a good reason to appeal if you lose at the trial.

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


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Re: Ticket for 35km over, help with disclosure appreciated!
PostPosted: Tue Jun 14, 2016 9:25 pm 
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This might be a stupid question..could it be used against my in court if the prosecutor found out that I posted my disclosure here/online?


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Re: Ticket for 35km over, help with disclosure appreciated!
PostPosted: Fri Jun 17, 2016 7:54 am 
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Joined: Tue Dec 01, 2015 9:54 pm
Posts: 122
Personally I think it's wrong that they don't disclose the complete manual. They don't disclose because they dont want you to know how it works. In my case they said it was copyright infringement. I brought the issue before the judge and add a result, an officer volunteered to sit with me and allow me to read the manual. If you have a good reason to see the manual then ask the judge. If he says no then you may have ground for appeal. In the end, your job is to make life difficult for the crown and the officer. The crown in my area would rather withdraw charge then be embarrassed by well prepared defendant. Sadly however you are looking at multiple trips to Cornwall. You'll probably need to appear when you ask the judge to disclose the manual. Then you'll need to appear again to ask for more time because the crown disclosed it two days before the trial. Then a third time when your ready for trial. If you lose, you'll need to appear again to ask for an appeal. And then finally the appeal. 5 trips or so.

What would be your defense?


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