Thank you for all your help. However, I lost the battle today. I felt like I was deprived of my rights. Went to the court. The prosecutor asked me what I want to do. I said that I filed for 11(b). She asked if I had the transcript. I said No. She said that I should have had the transcript and asked me to wait. I was the last one to be called. JP asked me what I want to do. I said I would like to motion for 11(b). He asked me what is the reason. I said that it has been 14 months delay from the date of charge and due to no fault of my own and that my right for being tried within reasonable time has been infringed. I went through my whole story with the dates and that I had 2 scheduled trial but was adjourned due to lack of disclosure. He asked me when was I charged. I said Dec 2012. He asked when I sent in my disclosure request. I said 9 weeks before my trial which was September 2013. He said why did I wait that long. I said that I received my notice of trial only in June and thereafter I applied for disclosure. I said that I gave 9 weeks to send me the disclosure. He said who's fault was it for waiting 9 months to request the disclosures??? I said No one's, since my first trial date was only on Nov. 15. My 11(b) was denied. He asked how do I want to plead. I said Not Guilty. Trial began. The officer testified with his side of story. Basically explained whats on his notes. He mentioned the tests he did before but did not mention anything after. After he finished, JP asked prosecutor if she wants to examine. She said she had one question and asked if he tested the device after the event. He said, Yes, he did at the end of the shift. She asked what time. He said he didn't know. It was my turn. I asked if he has independent recollection of this event. He said Yes. I asked what tests he did for the device to work properly. He said scope alignment, fixed dist and zero velocity. I asked if he had used the manual I received in my disclosure to do the tests. He said he is not sure what I received but he has the manual at home. I asked him to show the zero velo. test in the manual. He showed the fixed dist test and said its the same. I asked him for the calibration certificate. He said that it was already calibrated and he doesn't have access to it. he said the device is working in proper order and if wasn't he would put it in a bag and send it to the department. I asked him if he tested the device against another working radar. He said he didn't have to do that. I asked him if he has a guideline of what he is supposed to do. He said that he had to do the test as per the manual. I asked if he did the test at the location where he used for interference. He said that he doesn't need to do that. He does it at the station. To check if he had independent recollection, I asked him for the shade of my car, any cars around me, etc. He seemed to know only whats on the notes. After I've finished. JP asked if I want to be witness. I said No. He asked if I have a witness. I said No. JP asked the prosecutor for her notes. She said that the officer was trained and that he did the test before and after, followed the manual and used the device that measure accurate speed and recommends that I should be convicted. JP asked me for my notes: I said, - The officer did not seem to have independent recollection of events and therefore his testimony should not be considered. - The crown has failed to proved that the device were tested before and after the stop as required by the law - cited case laws (r.v. Schlesinger and r.v. Martin) and gave a copy to JP and Prosecutor. He asked me to read the lines and I read the relevant sections. - No foundation that the device was in good condition since no calibration certificate. Did not prove that the device was in good condition. - Officer did not seems to used the device in accordance with approved manufacturer manual. Officer did not conduct all the necessary tests as per manual. As such officer cannot prove to the accuracy of the reading. - The crown has failed to prove beyond reasonable doubt that the alleged offence took place and therefore I ask that the case be dismissed. JP asked the prosecutor if she has anything to say, She said my case law as old and that she cited another case law in 2013 (forgot the name) that he officer under oath said that he tested before and after the event. Also, the officer tested as per the manual and used a device which can accurately measure speed. I wanted to say that the Display test was never done, but JP didn't ask if I had anything to say. (missed opportunity!) JP in his judgement said that after the hearing testimony by the officer and what the prosecutor said and since I was not a witness and I don't have a witness and listening to the questions I asked the officer, he found that the officer was trained and did his tests and based on his findings that I was going 23 km over the speed limit, and that I was found Guilty. He asked me if I had anything to say on fine. I said nothing. He reduce the fine to $70 from $86.25 and to be paid within 30 days. Honestly, I wanted to get over this but at the same time I feel like JP just believed the officer rather than seeing fact and evidences. Perhaps, I was too nervous. Is it worth appealing? This time seek professional help... Any suggestions?
Thank you for all your help. However, I lost the battle today. I felt like I was deprived of my rights.
Went to the court. The prosecutor asked me what I want to do. I said that I filed for 11(b). She asked if I had the transcript. I said No. She said that I should have had the transcript and asked me to wait.
I was the last one to be called. JP asked me what I want to do. I said I would like to motion for 11(b). He asked me what is the reason. I said that it has been 14 months delay from the date of charge and due to no fault of my own and that my right for being tried within reasonable time has been infringed. I went through my whole story with the dates and that I had 2 scheduled trial but was adjourned due to lack of disclosure. He asked me when was I charged. I said Dec 2012. He asked when I sent in my disclosure request. I said 9 weeks before my trial which was September 2013. He said why did I wait that long. I said that I received my notice of trial only in June and thereafter I applied for disclosure. I said that I gave 9 weeks to send me the disclosure. He said who's fault was it for waiting 9 months to request the disclosures??? I said No one's, since my first trial date was only on Nov. 15. My 11(b) was denied. He asked how do I want to plead. I said Not Guilty.
Trial began.
The officer testified with his side of story. Basically explained whats on his notes. He mentioned the tests he did before but did not mention anything after. After he finished, JP asked prosecutor if she wants to examine. She said she had one question and asked if he tested the device after the event. He said, Yes, he did at the end of the shift. She asked what time. He said he didn't know. It was my turn. I asked if he has independent recollection of this event. He said Yes. I asked what tests he did for the device to work properly. He said scope alignment, fixed dist and zero velocity. I asked if he had used the manual I received in my disclosure to do the tests. He said he is not sure what I received but he has the manual at home. I asked him to show the zero velo. test in the manual. He showed the fixed dist test and said its the same. I asked him for the calibration certificate. He said that it was already calibrated and he doesn't have access to it. he said the device is working in proper order and if wasn't he would put it in a bag and send it to the department. I asked him if he tested the device against another working radar. He said he didn't have to do that. I asked him if he has a guideline of what he is supposed to do. He said that he had to do the test as per the manual. I asked if he did the test at the location where he used for interference. He said that he doesn't need to do that. He does it at the station. To check if he had independent recollection, I asked him for the shade of my car, any cars around me, etc. He seemed to know only whats on the notes.
After I've finished. JP asked if I want to be witness. I said No. He asked if I have a witness. I said No. JP asked the prosecutor for her notes. She said that the officer was trained and that he did the test before and after, followed the manual and used the device that measure accurate speed and recommends that I should be convicted.
JP asked me for my notes: I said,
- The officer did not seem to have independent recollection of events and therefore his testimony should not be considered.
- The crown has failed to proved that the device were tested before and after the stop as required by the law - cited case laws (r.v. Schlesinger and r.v. Martin) and gave a copy to JP and Prosecutor. He asked me to read the lines and I read the relevant sections.
- No foundation that the device was in good condition since no calibration certificate. Did not prove that the device was in good condition.
- Officer did not seems to used the device in accordance with approved manufacturer manual. Officer did not conduct all the necessary tests as per manual. As such officer cannot prove to the accuracy of the reading.
- The crown has failed to prove beyond reasonable doubt that the alleged offence took place and therefore I ask that the case be dismissed.
JP asked the prosecutor if she has anything to say, She said my case law as old and that she cited another case law in 2013 (forgot the name) that he officer under oath said that he tested before and after the event. Also, the officer tested as per the manual and used a device which can accurately measure speed.
I wanted to say that the Display test was never done, but JP didn't ask if I had anything to say. (missed opportunity!)
JP in his judgement said that after the hearing testimony by the officer and what the prosecutor said and since I was not a witness and I don't have a witness and listening to the questions I asked the officer, he found that the officer was trained and did his tests and based on his findings that I was going 23 km over the speed limit, and that I was found Guilty. He asked me if I had anything to say on fine. I said nothing. He reduce the fine to $70 from $86.25 and to be paid within 30 days.
Honestly, I wanted to get over this but at the same time I feel like JP just believed the officer rather than seeing fact and evidences. Perhaps, I was too nervous.
Is it worth appealing? This time seek professional help... Any suggestions?
