I received a speeding ticket in Nova Scotia and am planning to go to court.
I sent a disclosure request asking for:
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ a complete copy of the police officers notes;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ a copy of both sides of the officers copy of the ticket including the affidavit of service;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the make, model, and serial number of the radar unit, and its owner's manual;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the officer's training record specific to the said radar unit;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the calibration record, service record and repair history of the said radar unit;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the records of any calibration equipment such as tuning forks; and
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ any document the Crown may rely on at trial.
They replied with copies of the ticket, as well as handwritten notes on the back (which are illegible), a calibration certificate from 2005 from Lasertech (UltraLyte LR B), and a certificate with the officer's name showing he passed a "LIDAR" course administered by the Police Department (Halifax Regional Police).
In my situation, we were transitioning from an 80Km zone to a 50km zone and he clocked me at 70. I don't know where he got me and whether I was even in the 50 zone. Without being able to read the notes (its chicken scratch), I do not know if he has a distance reading from the device.
Also I emailed the manufacturer of the LIDAR and they replied that the unit does not need regular service and calibration but rather it relies on the internal self tests and testing by the offers before or after each shift (a scope alignment test, and a fixed distance test.
I wondering what I should do next. They did not reply with EVERYTHING i asked for (such as the manual, but I did find it online).
What I notice is:
1. The training certificate does not tie back to this specific manufacturer or device.
2. The calibration is quite old, but the mfr says it doesn't require regular calibration.
3. I don't know if the officer's notes reflect that he did the tests that are recommended. If I can cast doubt that he did, then perhaps I have a case.
Should I request a typed copy of his notes? Should I insist on the manual and evidence that he was trained on this device, or leave those for questions during the trial?
STAY ON ONE THREAD
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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