Still have not received the info i want from disclosure

[ajaxguy]

Ok so i have court this month for a 25 over speeding ticket. I have a pretty could case for myself in regards to what the cop has provided already. The only thing is that, I have asked 3 times for any calibration logs with the radar gun in question, and everytime they resend the disclosure there is no log?
Now when i received the manual for the gun in my first disclosure and read through it , it said that it should be tested on a daily basis so i am assuming there would be some sort of record for this.

Should i bring this up to the crown on the day of trial? What steps should i take?

 

[SLaP]

Generally, the officers notes from a speed trap will show the test time before and after they are at the speed trap location.
If there is no record of testing in the officers notes and no log is provided as evidence, I would think you will have a good case.

Did the prosecutor state that the logs are not available, or do they just omit them, when you made the further disclosure request?

As for the officers notes? Are they fully legible? Are their any lines with times?
Perhaps you can post the notes (minus any information which would identify yourself or the officer).

 

[ajaxguy]

I believe there are times on there ya, when i get home i will double check them. So if there are times on there, would it be a start time of testing and a finish time?

Generally, the officers notes from a speed trap will show the test time before and after they are at the speed trap location.
If there is no record of testing in the officers notes and no log is provided as evidence, I would think you will have a good case.

Did the prosecutor state that the logs are not available, or do they just omit them, when you made the further disclosure request?

As for the officers notes? Are they fully legible? Are their any lines with times?
Perhaps you can post the notes (minus any information which would identify yourself or the officer).

 

[SLaP]

I believe there are times on there ya, when i get home i will double check them. So if there are times on there, would it be a start time of testing and a finish time?

It may or may not be the testing times. This is something you would need to clarify with a further disclosure request.
On the standard Further Disclosure Request form (City of Toronto) there are options to tick off depending on what information is missing or unclear in the initial disclosure request.

In response to a disclosure request for the matter noted above Prosecutions has provided defence with a copy of your notes.
A request for additional disclosure has now been made.
In order for Prosecution to fulfill our disclosure obligations, we ask you that you provide us with,

- The make / model of the speed measuring device
- The testing times of the speed measuring device
- The audio or visual evidence related to this traffic stop
- A typed will-say of your evidence
- An explanation of your abbreviations
- Other: __________

This request (In the City of Toronto) will take approx 8 weeks to fulfill. If your court case comes up prior to receiving the further disclosure request, request that the case be adjourned since you will need the information requested to prepare your defense. Be sure to have proof that you made the further disclosure request (fax transmission record, or stamped if you submitted in person)

BTW: In what City was the ticket issued? How long ago?

 

[ajaxguy]

The ticket was in mississauga, and i made my own disclosure request with every detail i could think of. Plus they are easy to deal with as you can request disclosure right through email and then they mail it to you.
Like i said i will check the ticket tonight for those times and even post it up on here and see what I am working with.

It may or may not be the testing times. This is something you would need to clarify with a further disclosure request.
On the standard Further Disclosure Request form (City of Toronto) there are options to tick off depending on what information is missing or unclear in the initial disclosure request.



This request (In the City of Toronto) will take approx 8 weeks to fulfill. If your court case comes up prior to receiving the further disclosure request, request that the case be adjourned since you will need the information requested to prepare your defense. Be sure to have proof that you made the further disclosure request (fax transmission record, or stamped if you submitted in person)

BTW: In what City was the ticket issued? How long ago?

 

[GateKeeper]

it will be in the officers notes, that he tested the unit......you will only get the manual on the unit and nothing more

do a first attendance meeting and see what the prosecution offers......

if you were caught with radar gun, you will not get off, unless officer don't show up...

just went through this not too long ago....

good luck

 

[Mr.Azim]

Logs are not necessary to prove your case.

All the officer has to provide is his hand written notes showing that he tested it, used it, and caught you speeding.

 

[SLaP]

it will be in the officers notes, that he tested the unit......you will only get the manual on the unit and nothing more

do a first attendance meeting and see what the prosecution offers......

if you were caught with radar gun, you will not get off, unless officer don't show up...

just went through this not too long ago....

good luck

You did not get off. Does not mean no one will win a speed trap case.
Pleading to a lesser offense is not always the best option. Each case is different.

 

[SLaP]

Logs are not necessary to prove your case.

All the officer has to provide is his hand written notes showing that he tested it, used it, and caught you speeding.

Chances are the times are in the notes, this is what the OP needs to clarify prior to trial.

There are other ways to win a case than to dispute the accuracy/proper use of a radar gun or the radar training/expertise of an officer. However there may be some cross examination questions around these topics that could lead to the case being dismissed.

 

[GateKeeper]

it will be in the officers notes, that he tested the unit......you will only get the manual on the unit and nothing more

do a first attendance meeting and see what the prosecution offers......

if you were caught with radar gun, you will not get off, unless officer don't show up...

just went through this not too long ago....

good luck

You did not get off. Does not mean no one will win a speed trap case.
Pleading to a lesser offense is not always the best option. Each case is different.

did not say no one will, but if it's a cut and dry, your chances are going to be slim to none

we did everything mentioned here on this site, and more, but on the day the officer was present, the disclosure did not give us an edge of any kind or hope of getting off so we took a lesser charge, paid the fine, and went home

fight each and every ticket for sure, you never know, you might get lucky....


and just to add, if the officer is part of the traffic squad or what ever you call them, he/she only do radar traps or they have the special car that has the radar front and back,,,,,your chance of winning has just about gone to zero, this is their specialty and don't think they will screw up, and they always show up for court.......