Topic
by: Oldenough on
3 Replies
Court Doesn't agree to disclose the LIDAR electronic output or any calibration report
Hello everyone,
I'm facing a stunt driving charge for going 162 km/h in a 100 km/h zone in Ontario. In preparing my defense, I requested the LIDAR device's electronic output and calibration records, but the judge denied it, stating I would only receive the officer's notes and the LIDAR manual. My hearing hasn't occurred yet. Has anyone encountered a similar issue? Is it normal for such evidence requests to be denied, and does anyone have advice for defending this?
Re: Court Doesn't agree to disclose the LIDAR electronic output or any calibration report
This is normal in Ontario. You are entitled to the full manual. The main concern will be, did the officer test the device according to the manufacturers instructions, and was the device working properly at that time. The problem that occurred in the past with the question of "calibration records" is that it opened up a huge rabbit hole of what device was used to calibrate the LIDAR, what device was used to calibrate the calibration device, and on and on.
Also, annual calibration is not required in Ontario. Only if the device, (RADAR or LIDAR has gone in for any major repair.
Re: Court Doesn't agree to disclose the LIDAR electronic output or any calibration report
I got the disclosure including the LIDAR manual, and also the officer notes stated that it was tested 2 hours before he used it on my speed.
Is this enough? I mean the court will take the officer hand writing notes for grants? why not questioning an evidence showing he really tested on same time?
If the answer is yes, do you think I should accept the settlement from Prosecutor who offered me to accept dropping the charges to speed 149 k/m, and removing the stunt driving charge?
Re: Court Doesn't agree to disclose the LIDAR electronic output or any calibration report
Lidar and Radar devices only need to be tested according to the manufacturers instructions, which is generally before and after the offence. This usually means at the start of shift and at the end. At this time there is nothing before the court because no one has presented evidence or testified. Courts in the past accept this method of testing. A stunt conviction will likely mean that your insurance will either get cancelled mor will increase quite a bit. You should have likely contacted a lawyer or para legal to represent you for this charge. You definitely don't want a stunt conviction on your record.
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