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I think that was all the disclosure you get. So stop asking for disclosure and prepare for the trial, line up all possible defenses and pull the trigger one by one.

Don't give up on the the cop not showing up at the 2nd trial, my case proved that the cop did not show up at the 2nd trial date which was picked by him. (be prepared, don't take the ...

If that was the case then both officers have to be in court for the prosecutor to have a chance of getting a conviction.

Does diclosure mention anything about this?

You may want to prepare for the case both of them actually showing up.

And what if the cop's version of the story is different, that the one wrote up the ticket also the one made the ...

nexxen90 wrote: The thing that scares me the most is if they ever try and plant something on me (ex: drugs) because their pissed off, that way i'll have evidence.

Check this video out

[youtube]http://www.youtube.com/watch?v=eAhHd6M2Sjg[/youtube]

That's the lowest of the low from the cops

So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?

Don't ever try that! Like Bear said the cop has many reasons to suspect you.
He can also make up any ...

thanks liveontheedge!

I have some more question.
I've just found out that the location, "at street A & street B", written on the offence notice that was given to my brother is actually one intersection away from the actual stop sign street A & street C.

There is no stop sign at street A & B.

The court notice, however, simply states "at street ...

hwybear wrote: ............
subpoena = witness that is ordered to come to court to give evidence

Is there a penalty attached to subpeona if the witness refuses to come to court to give evidence with the excuse that witness has to be at work or lost pay, lost job?

Congratulations!!!!!!
I know how it feels beating the system!
I couldn't beleive the witness for the cop was persistent. Wondering what i heard is true, that the witness would be fined thousands of dollars if he/she refuses to come to court to testify.

Why cancel an already scheduled court date? By letting it happen you still can plead guilty with an explanation at worst plus have a chance of winning if the cop does not show up (unless you don't want to spend time to take that chance)

1. Send out a request for disclosure right away and at the trial date ask the JP for another adjournment to get dislcosure

2. Settle or fight is your brother or your decision, no one can make that decision for you. If he gets convicted and the insurance find out (only if they pull his driving abstract, many don't) there may be prenium increase ...

I don't where your court house is, but in Markham/401 court in Toronto,
cops sit in the same court room with drivers.

If you don't check in with Crown at the beginning of the court session, you have another chance at break time to do so, you can sit at the back of the court room in the first half to look for the cop.

If you are going in alone then ask the judge for a delay to seek legal advise or to apply for legal aid (if possible). This will buy you time to prepare for next appearance. Don't talk to much to the prosecutor as you may end up incriminate yourself.

Some of the charges may be exaggerated but cop's job is to lay charges regardless of evidence, if ...

If this goes to trial, you don't need to take the stand to lie that you made a full stop (perjury is a serious offence). The burden of proof is on the prosecutor to prove the charge, you will cross examine the witness and/or poke holes into the prosecutor arguments to create doubt or to prove there was not enough evidence to warrant the charge in ...

If you decide to plead down, the crown may not offer 10 over but 15 over is possible, a bit more fine but both carry no point.

If it goes to trial, the burden of proof for 30 over is on the Crown, you don't have to testify that you only did 10 over (you are already guilty, the only question left for the JP to decide is what the number associated ...

Disclosure is charter protected, section 7 of the Charter.

But is there any rule saying that it must be provided before the 15 days expired?

...
In fact, OPS Copper discussed that in another thread, warning GC that he should stop posting as though his tactics are foolproof and guaranteed to work. I have no problem with someone creating a novel defence, theory or idea, or even suggesting those methods to others, provided that they WARN them about it. If the idea is wrong, and someone ...

Someone may have camcorder ready at an intersection and video the cop blowing the red light then send it to CTV.
Not suggesting me doing it, lol...

I like Greatest Canadian ideas/theories, better than no theory at all, any action needs a theory to start off with.
I used to consult paralegals about my traffic cases, they gave me no idea, no theory ...

Your friend can check with the paralegals to see what they can do.
Or wait till getting the disclosure to see what evidences the cop has or just some hearsay from the witnesses. If no witness shows up at trial charge may be dropped.

pch2004 wrote:For anyone who was following this...

I managed to listen to a full trial of the evidence for the aerial surveillance program, so if anyone is interested, I can lend some advice as to the testimony of the officers.

Thanks to all for the help...this board is a GREAT resource, as are the regulars who post here.

Please share what you learned!

No training record and no manual disclosed to you is ground for a stay application based on isufficient disclosure (s.7 charter violation).

No note of testing after is a point to bring up at trial to disregard the laser reading as it was not reliable at the time.

So there is a winning chance but expect rough road ahead

The location error is minor error, and the year is your sticker year, so not enough to get it dropped.

If the cop shows up at trial, yes ask the JP for adjournment to get disclosure as you just recently learned about it.

I agree that it's hard to tell who driver is from a distance, but if you profile the area, for example if you set up a trap in Toronto china town then 99.99% the car you wave in will be an asian driver.

But toronto police are more sensitive with ethnic issues these days, I saw asian cops settting up traps in asian communities.

Gone those days where cops listened and helped citizens, they are only looking out for themselves, quotas and overtime.

You can try to explain your situation to the Crown, but i don't think your reason will make much difference, the Crown would just reply ok i understand your situation, so i offer you a deal with less fine and no point, take it or ...

Your disclosure is very incomplete. It's ok for the cop to say that he estimated your speed on the witness stand, and like you said if there was no solid proof such as a reading from a speed gun or a speedometer, his testimony or evidence is weak and he will likely choose to drop the charge when it comes to trial.

Is there note for testing the laser after the infraction or at the end of the shift? If not, then you can use it to question the reliability of the laser reading.

No, the game just started. Send another request for disclosure with specific items (depending on what was in his note) related to how he measured your speed.

Thank you for all the info so far. I am going to fight this, as I don't believe I was doing anything wrong when I was moving into the right lane, and think I just got targeted as nothing even happened. I will be applying for the disclosure of the notes, and will formulate my defense accordingly.

I do have another question, though. Both the ...

There is no judge in the first attendance meeting, just call in and reshedule the meeting, no serious reason has to be given as long as it's within the allowed time frame and that they can accomdate it. But postpone the trial is different.

Incorrect location according to Ticketcombat site is not a fatal error, so it's not going to be thrown out. However you have a choice of ambushing the cop with the error to discredit him on the witness stand if the case goes to trial.

"Fail to slow down at the amber" charge has a lot of loose ends while "fail to stop at red" is easier to make it ...

LOL, we'll help if you promise not to write any ticket after you becoming a police officer!

If your last is Gambini, request an interpreter for trial, it may work