reveller wrote:I requested a trial and got an Oct 18, 2010 court date along with a yellow RESOLUTION REQUEST form. The ticket is for 30km over ($210 total) and there is no "R" writen on it. I can get a free lawyer for 3hrs. What should I do? Wh…
Good man. YOU need to start your research. This board is excellent as well as ticketcombat.ca
The goal here is to try to get the charge stayed on the grounds of delay or improper disclosure. You will also likely be offered a reduced fine/points by the…
yamahaR6 wrote:1. The importance of disclosure of Officer's training record and the Calibration Record of Radar Unit:
I refer to R. v. Martin, 2008 ONCJ 217 . The Defendant was charged with speeding contrary to section 128 of the Highway Traffic Act. …
I assume the judge denied your 11b request? What exactly did he say about that?
Let me get this straight. What time was the ticket issued? What time did the officer testify? What time is indicated on his notes?
Lidar manual says to test the device…
The prewritten fill in the blank notes appears to be a "will say" statement by the officer.
The key is his handwritten notes from his log books. If you read the court decisions I referred to, you will see that the officer must record the TIM…
Treatz wrote:
on the notes there's a crude hand drawing of how the officer prepared or tested the Lidar, so i'm gonna assume that's the proof that the unit is fully calibrated and fucntioning
This is NOT proofs that the unit is properly functioning. The…
1. depends on the jp. If you can show prejudice, maybe. It's sticky.
2. you should have requested a clarification or typed version of notes if you could not understand it. No advantage.
3. officer who operated lidar and issued ticket must testify. It'…
no need to beg. fight the ticket!! Request a trial date. File for disclosure (officer's notes, copy of radar manual, notes on how and when the radar was tested on the day of infraction, etc.)
IF you don't get this information that you are entitled to, …
What exactly did you ask for in your previous disclosure requests?
Did you ask for a copy of the radar manual?
Did you ask for information about HOW and WHEN the radar device was tested on the day of the infraction?
You are entitled to the above (if you a…
I'm not sure what the level of detail is required in terms of location on the ticket. Usually, the nearest intersection is indicated, but I don't think it's a fatal flaw.
It's likely written in his notes that you can obtain through disclosure. Fight th…
I don't have too much experience with careless driving infractions, but I do know (from reading on this board), that careless driving is a bit more difficult for the crown to prove. In your case, it seems the officer did not observe your careless driving…
CoolChick wrote:Try using a Notary. A notary is considered like a judge in that what they sign is unquestionable PROOF. If they do not respond to a notarised demand then send a notice (again notarised) that recognises their failure to respond.... this kee…
dave, I recommend that you NOT use their form. It usually does not allow you to ask for what you really want and need. They cannot force you to use their form.
Disclosure requests are usually sent to prosecution (not court) as they are responsible fo…
Also in terms of referencing case law? Does one have to kill a dozen trees to print 3 copies of each decision or can you simply bring a usb stick and offer a copy to the court/crown?
My buddy will do that. He says he will reference Chapter 7 and the crown policy manual and it's section on disclosure...
Question: Are city (i.e. toronto) prosecutors specifically bound by the Ontario crown policy manual as published by the Ministry of …
Is the procedure for Chapter 7 defence the same as filing an 11b? There is no time for that as the trial is this afternoon. Or can he simply ask for a stay based on improper disclosure before he pleas?
Thanks manly.
One of the key's to a successfull 11b is showing prejudice. A sob story won't always cut it....
One good factor for showing prejudice is that the longer it takes, memory of the events start to fade (of accused, witnesses, officer, etc). …