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update: The guy faxed his 2nd disclosure request 2 weeks before court date.
He just called me and said the prosecutor's office just called him to tell him that the disclosure is ready for pick up. Let's see what they give him (more importantly, what they don't give him!). Hopefully it is deficient.

what's the status of the "bilingual defence"? Is R v. Meyers still applicable?

yes, you should be able to ask for disclosure at the hearing. If the prosecutor tries to hand it to you before the hearing starts and wants to proceed, don't let them. You can ask the judge for an adjournment to digest the disclosure. Tell them, as a layperson, you did not know your right for disclosure until just recently. There is a 100% chance ...

What exactly was written on the ticket?
Did commit the offence of: .......
Contrary to: .......
Sect.......

What was in the set fine box and total payable box?

What information do you plan to gather from the manual of the radar unit and how do you think it will help you?

The manual will give you information on many useful things!!
- if the officer tested the unit as per manufacturer's specs
- if the officer operated the unit as per manufacturer's specs
- some genesis radar units require a specific ...

That is my question Neo...would the notes be allowed? Unfortunately I am short on time as the Trial is Thursday.

You mentioned that you requested the radar manual. But did you get it??
If not, you can tell the judge you cannot proceed as the crown has not given you full disclosure. Hopefully you made a 2nd and 3rd attempt to get this and show ...

Does anyone know off the cuff the name of the specific caselaw regarding the testing requirements before and after shifts?

Thanks.

The main ruling is D'Astous v. Baie-Comeau
It's in french! Luckily this ruling has been applied in other cases. You can get a good overview from:
R. v. Schlesinger, 2007 ONCJ 266 (CanLII)
R. v. Vancrey, 2000 CanLII ...

Reflections: This is excellent if the officer made no note of the first test.
Now could it be that the officer did indeed test the unit at the beginning of the shift, but did not provide this in the disclosure notes?? i.e he forgot to include those notes in the disclosure....

So, in court, could the officer say, "actually, I have my notes from ...

Generally, regardless of the specific radar unit, it should be tested before and after the stop. I believe it does not have to be immediately before and after the stop, so at the beginning of the shift and at the end would suffice (maybe someone can confirm this....)

The unit should also be tested in accordance with the manufacturer's ...

Dont' get ahead of yourself. It's easier to devise your defence once you have disclosure. This will give you the ammo you need to cast doubt on the charge.

There is a chance that the officer pulled over the wrong car since he was travelling in the opposite direction and possibly lost site of the culprit as he navigated through traffic and a u ...

Regardless of the circumstances of the speeding infraction, you wan't to challenge and set a court date! Ideally, you don't even want to defend. Instead, you want to exercise your constitutional rights and have your case STAYED either on lack of disclosure OR delay (sometimes both).

You'll need to do some reading and research on this forum. Also ...

bottleboy: what was the date of the infraction?
The delays you describe have not been your fault and were caused by prosecution. YOu should be in good shape for an 11b Charter challenge depending on the date of the charge.

Have you requested disclosure? If not, do so now. If they don't give you dislcosure in time for the court date, this will ...

I was reading some more over at ticketcombat.com. He recommends at least 15 days (if faxed):

"Your disclosure request should include a reasonable return date (diary date) of seven days for Canada Post to deliver it (if you don't fax it) plus 15 days for the prosecutor to gather the information. You should request disclosure well in advance of your ...

The form is designed so you can't ask for what you want and really need! So don't use it. Type your own disclosure request letter.

Ticketcombat.com has an excellent letter that you can edit for your own use. See here: http://ticketcombat.com/step4/disclosurehow.php

In speeding cases, you are entitled to the radar manual. Case law supports this.

OTTLegal wrote:Most people once they receive the disclosure have no idea what to do with it.....do you?

OTTLegal: why don't you enlighten us?

The value and substance of your post pales in comparison to the length of your signature and link to your website......

How likely will a judge toss the case on an 11b for 10months?

racer: it sounds exactly as you said, because i got from you! lol.

The offence is speeding 82 in a 60.

The judge won't laugh him out of the courtroom if he tries for a dismissal based on disclosure would he? He is pushing it with only 4 weeks notice on disclosure...

Hwybear: I hear you..... The guy (like most every average person) was not aware of his right to disclosure, until he had a conversation with me with only 4 weeks left. But 4 weeks seems plenty to provide a few photocopies.....

Disclosure was already requested. He faxed his disclosure exactly 1 month before court date. Obviously, he hasn't had any reply yet. He will fax his 2nd disclosure request 2 weeks before court date.

I assume he will not get anything before his court date. I'm sure the judge will adjourn so we can get disclosure. The 1st court date is 10.5 months ...

Thanks for the replies, RI and racer.

So, if a guy files for disclosure 4 weeks before court date, I assume the adjournment would be "charged" to defendant? i.e. defendant would be responsible for the delay (therefore not helping the 11b process).

What is the minimum amount of time needed to request disclosure (i.e how many weeks before court date must you file for disclosure)?

What did you ask for in your disclosure? Did you ask for a copy of the radar manual? Hopefully you did! You can tell the judge before you plead that you have not received full disclosure. Judge should adjourn and delay would be charged to prosecution. This should give you more time and a better chance for 11b.

Let us know how it unfolds tomorrow ...

have you requested disclosure?

What is the purpose of delaying the case again? If you ask for adjournment (or if you are the cause), the extra time does not count for 11b.

Hopefully you had requested disclosure. If you havn't received it yet, this would cause an adjournment (charged to the prosecution) and improve you chances for an 11b.

If you ...

hwybear: the specific radar gun is not important.

The central issue is the use of internal self tests and lack of external testing. I'm interested in discussion and related case law on this. The goal is to gather information, resources and pool knowledge to potentially challenge a case on this premise (if possible).

Would PbFoot qualify as an expert to testify in court as he is qualified by NIST as an instrumentation calibrator? He's definitely not an expert on radar, but he is an expert on instrumentation calibration.

I think this is an interesting and important angle that needs further development. It would be amazing to set a precedent on this suspect ...

Greetings! It's been many months since I've posted on this site.

My wife is due in court next month for a speeding charge. I have requested disclosure already (with no response yet). She refuses to go to court. Am I allowed to represent her in court and argue the case?

Also, a friend of mine also wants me to represent him in court for a ...

Fax or register mail your disclosure request asap. make sure to have evidence (fax confirmation or regmail reciept).

Also ask for a "will say statement from all witnesses" in addition to everything else.

Is there even a need to "argue" this in court. A ticket without a specific charge is invalid (fatal flaw), is it not?

"Speeding" is not an offence if the actual speed is not stated.

I think this would be thrown out immediately.

My case is closed without proceeding to trial, so never got a chance to bring this up. Maybe we can all help the next guy who is charged with a self-tested device and set a precedence.

I think it's always better to fax (with confirmation) or mail (registered) than to go in person to request disclosure. You don't have to deals with any BS from the clerks. No difference between fax or regmail, just make sure you have evidence. You'll save a few bucks if you fax though.

Make the prosecution work. They can look up the officer's ...