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bend wrote:You're supposed to want disclosure as soon as possible. Waiting until the last minute or waiting until it's impossible to respond doesn't benefit you.

You're only sabotaging your own trial.

Thanks for your advice, Bend.

As for typed version of any handwritten notes, I agree that its unlikely to receive it on first request, but if dont request it now and if I get handwritten notes just before the trial, how will I be able to claim that they didn't provide the typed copies of the officer notes and request a stay/ adjournment if Ive never requested a typed version ...

Officers notes: Must be provided
Both sides of the ticket: Wont be provided unless notes were written on back of ticket
Typed version: Unlikely to receive on first request. Will have to justify upon reviewing notes (i.e. illegible, use of short forms that are indecipherable)
Statements made by the defendant: Unless you gave the officer a ...

"Previous studies have shown that a correlation exists between the degree of terrain slope and the magnitude of errors observed on the slope. The relationship is positively correlated with errors increasing to a theoretical limit of infinity as slopes approach 90"

This has been tested in courts many times before. It works in the driver's favour ...

Let me be a little more specific.

If I get sick and my representative appears on my behalf and requests an adjournment because Im sick, what prevents them from telling my representative: "Ok. Memo1 is sick, but you ( Memo1s representative) is here. So, how do you plead?"

Also, Im not sure about the following:

Will my representative be able to ...

Could someone please advise me what should be on disclosure request in case of speeding?

I was given a ticket for speeding 70km/hr in 60 zone but, according to the officer, the speed was 84 km/hr. He did not show me the reading though. Also, it looks like he started clocking me BEFORE I was going up (the rode dips and rises to where officer was ...

Also, it looks like he started clocking me BEFORE I was going up (the rode dips and rises to where officer was standing) which means that my direction of travel was not linear toward the officer (Ive heard that the radar or laser gun has to be on the same vector as the direction of travel.)

Hills, dips, etc are only going to benefit the reading ...

You're almost there! Just a few insights to ensure you're perfectly clear.

The officer's notes DO matter. If the officer makes no mention of 84km in his notes but only refers to the speed you were charged with, then you can use that to raise reasonable doubt if he testifies to a different speed. In that case, the prosecutor also can't 'amend up ...

It shouldn't be an issue for you to represent her, you'll just have to show it's with her permission. Either she'll need to attend to verify that or you'll want some kind of signed note from your wife authorizing you to act on her behalf.

Stanton, could you please explain what representatives can do and what they cannot do?

Can they request ...

Could someone please advise me what should be on disclosure request in case of speeding?

I was given a ticket for speeding 70km/hr in 60 zone but, according to the officer, the speed was 84 km/hr. He did not show me the reading though. Also, it looks like he started clocking me BEFORE I was going up (the rode dips and rises to where officer was ...

The side of the road isn't a courtroom. You are simply being charged. You haven't been convicted of anything.

Sometimes the officer will show the reading, but that's up the the officer. He's under no obligation to prove his case to you.

I'd agree with Stanton in that the mention of showing the device in that particular case wasn't going to swing ...

saftyfirst wrote:I just got out from my 2nd court appointment and would like to share the result.
Because officer could not provide video evidence, my case is withdraw. Free to go yay !

Congratulations! Could you please share your disclosure request (w/o personal details)? Thanks.

As per the Winlow decision, the prosecutor must give you the Winlow Warning (notice) BEFORE you are arraigned (i.e. enter your plea). While the prosecution can certainly notify you of their intention to 'amend up' (Winlow Warning) anytime before you plea, in practice they usually wait to see you in person---either at your resolution meeting or on ...

The JP in the cited case was simply reviewing the officer's evidence. I wouldn't say it was actually relevant to the decision.

So, basically any police officer can claim anything and in the court of law their claims are believed and drivers claims are ignored.

Realistically that's how Court works. It's one person's word versus another's. There ...

No, there is no requirement for them to do so.

Thanks for your reply, Stanton. So, basically any police officer can claim anything and in the court of law their claims are believed and drivers claims are ignored.

Im just wondering why then in that case ( http://www.canlii.org/en/on/oncj/doc/20 ... ultIndex=1) the police officer did show the ...