Without seeing what the disclosure says, it's hard to give any meaningful advise. So you can either attempt to get typed disclosure notes in advance, or show up at the trial and claim you couldn't read the officer's notes. You may be given some time with the officer to go over his notes and then an opportunity for trial, or you may be just given another trial date with a promise that you'll get the typed notes before then. Either way, it may mean another trial date.aywakko wrote: ↑Mar 20th, 2019 2:59 pmMy turn to ask for help.
Here is my scenario:
Last summer, we were coming home from the cottage @ around 9:30pm (it was pitch black). I was following a car that was driving "irratically", doing 70km/h at times, and 90km/h at times. There was another car behind him, so I didn't bother passing them. When we came to a point where there was a passing lane open, I decided to speed up and pass both vehicles in one shot.....after passing them, i came back to the right lane and began to slow down. It was precisely at this moment, a cop flashed his lights and pulled me over. When he approached me, he said he clocked me doing 115km/h while passing them BUT!!!! he also clocked me at 128km/h in an 80 zone some 10 kilometers back!!! I denied it immediately, knowing i had set me cruise control on at a MUCH lower speed! Needless to say, he said, at that speed, he wasn't going to show any discretion and gave me a ticket for 48km/h over the posted speed limit.
I asked for disclosure via registered mail as suggested, and the reply I got back in email included the hand written copy of the notes, a copy of the ticket again and the user's manual of the radar used. What I didn't get is the typed version of the notes. I can barely make out what he wrote, so they are literally of no use to me.
My court date is April 9th in Lindsay, what should I do? Should I send another registered mail asking for the typed notes? Should I not bother? Does the radar take a picture of the vehicle when it clocks them speeding? Literally, it was pitch black and there are about a dozen intersections where cars and come in and out of Hwy 48. It literally is 10km from where he alleged me speeding and where he actually saw me speeding while passing them. I was probably down to 105 with my foot off both pedals and waiting for the car to slow down to a reasonable speed. What should I do? I'm nervous!!
Thanks in advance!
If/when you do attend trial, I'd probably base my defense on his ability to follow you at a distance for 10 km on a dark road. How could he verify it was YOU he saw doing 128 back then, and that you were the same driver that he pulled over. He never once lost sight of you through the entire 10km? Did he take down your plate number back then? But that's based on what you've said... You need to look at his notes.