I am in need of some advise
I recently got pulled over by an RCMP in Brandon area coming from Regina for going 138 in an 100.
I am planning on fighting it because i cant really afford the $500 ticket or insurance and the demerit points due to onatario and manitoba reciprocity agreement. so here is my story, i was following a van that was going to slow for my liking so i decided to pass it. we were travelling back to ontario from west coast and there was an oncoming car about half a kilometer so i pulled out beside the van and passed it. and saw cop flashing behind and din not know from and pulling me over. the cop said he radared me going 138 and when i explained that it was because i was passing the van he told me that he radard the van going 115, he did not reduce the ticket at all and i was shocked that he didnt show any mercy. After we got to ontario we filed for court date and received end of October for trial with one page of officer's note;
PC# 2B41 Moving Direction W Viloator Direction E
TV speed 138 KM PVS 107 Km/h
Radar Dir W Scope Aligh //
Radar ( Stalker ) SN# Ds31924 seg ok // Cal ck 65/40 //
Test 1 15.05.10 1650 test 2 15.05.10 1745 #of pass 4
I have requested a disclosure by mail and fax twice and so far did not get anything.
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ a complete copy of the police officers notes;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ a copy of both sides of the officers copy of the ticket including the affidavit of service;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the make, model, and serial number of the radar unit, and its owner's manual;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the officer's training record specific to the said radar unit;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ the calibration record, service record and repair history of the said radar unit;
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ Copies of written instructions/procedures held by the RCMP; and
ÃƒÂ¢Ã‚â‚¬Ã‚Â¢ any document the Crown may rely on at trial.
Any advice will be appreciated.
I then filed a motion for adjorment and got my court extended by a month.
Now I am waiting for the disclosures.
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