It is typical for me to ask for those items because I own a radar gun (which means I a "qualified radar operator") and I am also an Electronics Engineering Technologist so I know what I am asking for and why I am asking for it and how to use it in a trial. Most of the time they will not give you any of this stuff, but with the right arguments you can then come back to a Section 7 charter challenge for lack of disclosure and an appeal on the same grounds.bizzyseller wrote: ↑Mar 17th, 2017 9:05 amGreat detailed response!
1) Alleged offence in Ontario
2) The disclosure was ready for pickup, however the prosecution didn't make aware that it was ready. I now understand that this is the defendants responsibility. As such, I believe the time would be used against me for an 11b challenge.
3) Is it typical to ask for the list of items you have mentioned (ie: training, calibration of radar and speedo, certificate of accuracy) in a disclosure request? Or is this "strategy" to be asked on the day of the trial? The original disclosure asked for the manual, however that was not provided. So a follow up disclosure will be submitted.
If you read all the caselaws on speeding trials, you will see many people that "almost" won, but the JP or Judge will make comments like "The officer testified he was qualified and that he believed the the unit was working fine and this is a prima facia case for the prosecutor as the defendant did not enter evidence to contradict the officer." Basically, in Ontario, the courts only require that the officer says the were qualified to use the unit and that the officer says that they beleive the unit was working properly... if the officer said it, then it must be true!
You need to bring some doubt to what the officer said by asking a million questions.
Having an expert witness that can also testify as to the problems with radar/lidar will bring much doubt to what the officer said.
+++ This is not legal advice, just my opinion! +++