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Thanks, Yea, thats what I figured, and thats what my rep said too, but Im trying to find case law to the contrary.

Well, my case went back to trial yesterday after 2 adjournments by the crown (Oct to feb, then Feb to march).

It got adjourned again yesterday to end of May. I hired a Traffic Ticket Rep this time (I couldnt attend) and Prosecution refused to accept/admit the evidence we filed (in advance) because I wasnt there to certify it was me that took the ...

End of March now.. 8 months after the ticket was issued

Excellent, thank you

I just got a notice in the mail that one officer cant make the re-scheduled date so Prosecutor is making a motion to get trial pushed out again, likely to spring 2016. I guess the further its pushed the more likely I am to be able to used the "no speedy trial" argument.

Thanks

one question, the LIDAR officer's notes only referenced a test before the ticket was issued (with no time listed), and there was no evidence/notes disclosed as to if/when the unit was tested after the ticket was issued.

if he has it in his notes but on later pages, because he tested at the end of the shift, but he didnt disclose it as ...

Yes I agree, I have one of those in my Case File, Ill add the other too, thanks !

Never got to my case, got bumped to February.

Prosecution tried twice to get me to resolve with lesser charge, which I respectfully declined. I did offer to plead "not guilty" and she could not present any evidence...."Not gonna happen" was her answer

interesting to see how they try to strong arm and intimidate you to resolve. Only 2 of us out of ...

In court tomorrow, ill let you know how it goes.

Thanks very much !!, I have no intention on taking the stand or giving evidence.

Thanks jsherk, I appreciate you answering my onslaught of questions as I get close here. the other thing that im conscious of is how I ask my questions without giving evidence myself. I know i can ask leading questions, but not sure where i cross the line into giving evidence.

for example, I'd rather say " Officer Green, Isnt it true that there ...

Im typing up my Trial questions etc. Can you confirm that i get to say a closing argument or closing remarks to summarize my points and link all the areas of reasonable doubt ? I would think i do.

Also, if I do, I want to close this in a professional way, after I summarize my arguments do I say something like "...as such I beleive it has been ...

Understood, thanks again

First, I want to say thanks for the tips and advice of the members here, I appreciate benefiting from you experience.

I have another question regarding point 1) if not in his notes at all, its not considered proof if he just testifies to such during the trial, ie independent recollection isnt proof.

If the notes are just there to jog the memory ...

many thanks

Thank you, so if its not in the notes then its one of 2 possible outcomes

1) if not in his notes at all, its not considered proof if he just testifies to such during the trial, ie independent recollection isnt proof ?
2) if its in his notes, but on later pages and I didnt get it in disclosure then I seek an adjournment ?

Do I have a case to determine if the LIDAR officer never confirmed that the Trk he clocked was the Truck Cst Green pulled over ? doesnt there have to be some sort of affirmation from one officer to the other ?

no scanner, but here is a verbatim transcribe from the notes,XXX or 999 used to hide personal info and real names not used.

Sgt White:

(no time noted in notes but his next note after this is 14:33)
LIDAR Test Ok
Setup w/ Cst Blue and Green

15:17 - Wh Dodge Tk 128 523.52 given to Const Blue then over to Cst Green
Tk in lane 2 catching up to ...

Jsherk, regarding the fact that what is in his notes are not 100% accurate :

Constables notes say I didnt dispute the speed, which i guess is technically true, but he did say to me "from the look on your face you seem surprised at 28 over" which I acknowledged i was surprised.

Constables notes also say "He was hurrying to get to the customs ...

From googling Cosine, it would appear that the actual speed of the vehicle is faster than what appears on the LIDAR, so that would not be an argument in my favor.

Very helpful, thanks guys.

Regarding this point "Also, if the officer was using the Lidar from the top of an overpass, the speed indicated on the Lidar is actually less than the speed you were travelling at due to the cosine effect."

is there a place to get some specifics on this ?

Well, oddly, I got disclosure today (sunday) .

Both officers notes, the constable that pulled me over and the Sgt that got me on LIDAR. Driver record and Vehicle record. No LIDAR manual provided as aasked

Sgt with LIDAR was on top of the overpass, the constable was below, and in pursuit car.

Constables notes say I didnt dispute the speed, which ...

OK, I screwed up.

I was out of town on business and I missed the 15 days before the trial deadline for the Form 4F.

I have not yet received disclosure evidence, i am 12 days from Trial and heading away on business again a few times in the next 12 days.

So... What can I do now, ask for an Adjournment ? if so what exactly does that get me ...

thanks, found it.

you recommend 21 days prior, is there a legal reason for that ? ie what if i pick 14 days, is there a down side to that ?

Thanks Will Do. Where do I locate an F4 stay request form ?

Got my trial date of October 15, and have requested diclosure.

odd that the disclosure form says it takes 4- 6 weeks to get disclosure and the Trial is 5 weeks away....

if i dont get it before trial date, ill be requesting adjournment/stop to allow myself time to prepare. whats a reasonable amount of time to prepare ? ie would i get a Stop ...

Thanks, I will definitely ask for notes from any and all officers involved

Hello, seeking some guidance.

I was issued a speeding ticket for 28km over the limit (128 in a 100).
I have chosen option 3 for Trial
Once i get my trial date, ill request discolsure.

When i was pulled over, the ticket issuing officer immediately told me that it was his seargent in a seperate loaction that "got you doing 128 coming up the ...