Ontario Highway Traffic Act

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......