Ontario Highway Traffic Act

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 ...