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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? What are my chances? I think I was the only car on the road @ 6:45am Sat morning.

Your chances of winning the court case ...

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 crown on the day of the trial.

Read up, then send your disclosure request as soon as possible ...

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. A laser detector was used by the police and this raised the question about Officer's training record and the ...

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 at a distance of 60 meters, but the officer tested at 22.6 meters? That is a huge difference ...

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 TIMEs of the tests (before and after) to confirm the device was indeed tested. He cannot say that he usually ...

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 officer must test the device as per manufacturer's specifications. He must also test the device before and ...

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's unlikely that they screwed this up. This should be clear in the notes.

Did you get any ...

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, the court will delay your trial until you get it or the case is thrown out (due to improper ...

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 asked for it)

Disclosure is only incomplete if you didn't receive something that you asked for ...

It can take several months depending on the jurisdiction.

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 the ticket and request disclosure. Also ask for copy of the radar manual and testing time of the ...

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 and based the charge on the perceptions of a civilian.

I believe the civilian would have to ...

why did the officer stop your husband in the parking lot?

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 keeps a proven paper trail that cannot be refuted. It will serve as proof that your requests were not honoured ...

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 for the disclosure. Ticketcombat.ca has a good example of a disclosure request letter (edit for your ...

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 the Attorney General?
http://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/2005/Disclosure ...

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). As a result, this effect make it more difficult to make a full answer and defence to the charge ...

Here is a good start:
http://www.ticketcombat.com/step4/sampledisclosure.doc

modify to your needs.

Make sure you come back to post and let us know how it all went down.

Frozenover wrote:
I bet 99.9% of drivers in Ontario are unaware of this.

Maybe 99.999% I had no idea! Good to know.

ManlyMinute: Congratulations!! Great to hear the experience of someone who researched, worked their butt off, stood their ground, and won!

Update: He faxes his 3rd disclosure request (specifically for the radar manual and notes showing testing of unit that day) last week. His court date is this Thursday.

that's what yield signs are for....

Absolutely, set a court date. Do some more reading here and at http://www.ticketcombat.ca

file for disclosure right away

here are the possibilities:
crown does not disclose and you get a stay
crown does not disclose and judge adjourns. Delay put you in position for 11b charter challenge and you get a stay
officer doesn't show up, you walk
worst ...

RI, thanks for your valuable input. Can you clarify a couple points:

If the Crown did not disclose notes of the time where the device was tested, you could very well argue that you were misled into believing the device was not tested and mounted a defence based upon incomplete disclosure by the Crown. The note about testing need not be lengthy ...

Oh, and from what he can read, there is no mention of any testing on the officer's notes that have been disclosed.

He has confirmed that he only received a copy of the officer's illegible notes. No radar manual, etc. He is faxing his 3rd request disclosure today stating that the disclosure thus far is deficient and illegible. He also didn't even receive a copy of the officer's copy of the ticket (isn't that required if requested??)

no, you are only entitled to what you ask for. Most folks don't even ask for disclosure period!