Ontario Highway Traffic Act

They can only raise it back to the original speed once the trial starts, AFTER you plead not guilty and AFTER the officer has given testimony of the higher speed. They will say they are going to raise it as the trial starts (or they will tell you that before the trial starts), but you can decide to plead guilty to the lower charge basically right ...

Well a re-trial is better than guilty!!!

You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I ...

The case law for not providing disclosure says that the proper rememdy is for the JP to tell prosecutor to get you the disclosure and re-schedule the trial. You would have to have the trial rescheduled a couple times before a JP would consider dropping charge because of lack of disclosure.

Personally if I did not get the disclosure more than 2 ...

You could try to claim no sign was present for that spot. Depending how good and argument you make, will depend on whether the JP accepts it or not. No guarantee, but worth a try.

You definitely want to ask for officers notes in your disclsoure request. That is their entire case against you! No notes, means no case. You can not prepare properly ...

That is pretty serious charge!

You need to call several (I recommend at least 4 or 5) and talk to them all.

Some lawyers/paralegals are not really interested in getting you off, but will simply try and get you a plea deal for a lower charge. Of course this might be something that you want to consider as you are probably facing an insurance ...

Congratulations on the win!

There are sometimes more than one prosecutor present so you might talk to one first, but a different one is doing the trial.

Some prosecutors are very upfront and honest and will tell you right away that a witness is not there yet, and if they do not show up they will drop it. Others will try to intimidate you right to ...

Read this thread (there are 3 pages):
http://www.ontariohighwaytrafficact.com/topic7177.html

I think on page 3 of that thread I mention three ONCJ cases that refer to both tests AND one Court of Appeal case. You will have to read the cases and make sure they are relevant, expecially the Court of Appeal case.

I think I mention ONCJ cases Zhu ...

1. Yes

2. Case law from Ontario Court of Justice (ONCJ) is not necessarily binding on the Justice of the Peace. They can choose to use it or not. Ontario Court of Appeal and Canada Supreme Court rullings are binding on the JP and they must follow these decisions.

3. You can not add new evidence to a trial except during the testimony/cross ...

Well there might be something important in that section, but without it you have no idea.

The trials are audio recorded so it should all be there.

You will have to contact the court recorder who did the transcript for you and ask them why it was not included.

You could ask for the appeal to be re-scheduled as you just noticed the error.

I would contact whoever did the transcript and ask why the submissions were not included as they may be important to your appeal.

So it could either be radar, or the fact that he pulled in behind you and paced you. But disclosure will reveal which it is.

It is definitely worth a try.

Take lots of pictures:
http://www.ontariohighwaytrafficact.com/topic1765.html

Plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial, request disclosure (officers notes, make model serial number and manual for any speed measuring devices used, audio/video). Once you get disclosure post it here so we can review it.

You just need to argue:
How can you prepare a proper defense and properly question the officer with respect to the operation of the unit without a copy the whole manual?
R. v. Stinchcombe, [1991] 3 SCR 326, 1991 CanLII 45 (SCC)
http://www.canlii.org/en/ca/scc/doc/1991/1991canlii45/1991canlii45.html

Now there is a good chance that the JP will not ...