Here are the details of my upcoming court appearance to defend a speeding charge. This is a freaking book, so I’ll give you sticker if you actually read all of it. Hopefully you do, and you can provide feedback, advice, suggestions, as I’ll need all the help I can get! This post is for the legal and procedural minded on this forum (Radar Identified, TicketCombat, Reflections, hint, hint). Hopefully the information here and the responses will help others as well.
Sent fax for disclosure on March12 asking for the following:
1. both sides of the officer's copy of the ticket;
2. the make, model, and serial number of the radar unit, and its owner's manual;
3. the officer's training record specific to the said radar unit;
4. the calibration record, service record and repair history of the said radar unit;
5. the records of any calibration equipment such as tuning forks;
6. the officer's notes and log on the alleged offence day, including all tickets he/he had written on that day,
and any document the Crown may rely on at trial.
Disclosure received on April 15:
officer’s hand written notes
- notes from beginning of shift (5am) say that he’s in a fully marked vehicle, clear/snow -18C
- cruiser check: ok, Alcotest:yes, Radar:yes / the rest is blocked out
- at 9am: shows stationary speed enforcement at hwy407 EB at Keele ramp
- hand held Radar Genesis VP Directional Decatur
- at 9:05am: tested radar – working properly – pass
- rest is blocked out until 10:58
- at 10:58am shows: observed m/v going at high rate of speed, confirmed with radar at 148 in lane1
- followed and stopped at bull nose of Bathurst
- was going to pickup his son from skiing lesson
- -charged speeding 139 km/h ® sec:128 HTA
- Vehicle: Huyn Son 2003 4D grey RO=NO then my licence plate number
- Rest of notes blocked out
note that the officer’s notes do not show that he tested the radar AFTER the incident (he may have, but it does not appear in the notes disclosed to me).
Also received 2 pages of radar manual for Genesis Handheld Directional (GHD) which show details of testing the device
- note that this is not the radar he used (he used Genesis VP Directional)
End of Disclosure.
On April29, I faxed another disclosure request asking for the rest of the details that were not addressed in the first disclosure plus additional disclosure of the following:
1. “will say” statement from the officer.
2. Any oral evidence to be presented by Crown witnesses that are not contained in the notes provided.
3. Copies of any written instructions/procedures/guidelines/policies held by any division of The Regional Municipality of York regarding the use of radar units
4. Copies of any written instructions/procedures/guidelines/policies held by any division of the Ontario Provincial Police regarding the use of radar units
and any other documents the Crown may rely on at trial.
I received nothing in response. On the day of the trial (May25), the following transpired:
Officer was present. Checked in with prosecution in the courtroom and told them I did not receive full disclosure, plus did not get response on 2nd disclosure request. Prosecutor said, yes they DID send letter that disclosure was ready for pickup on May13. I did not receive this, but he allowed me to quickly view the 2nd disclosure package. He also offered me a deal to reduce the charge to a 2pt demerit (failure to obey sign). I turned down the deal and proceeded with trial. I told the judge that I did not receive full disclosure. Prosecutor offered me to view the 2nd disclosure again and proceed. I refused as this was not enough time and because disclosure was still deficient. Judge adjourned the case. They tried to give me December date, I refused asking for speedy trial (hoping they would not be able to give me an earlier day). Prosecutor comes back from the court scheduler and surprisingly gives me an earlier day: June10 and hand delivers a copy of 2nd disclosure.
Next case is called (speeding charge with same police officer) and is VERY INTERESTING. Prosecutor calls same officer. Officer is asked about using notes to refresh memory. Judge asks defense if they have questions about officer using notes. Defence asks officer, “Do you have a independent recollection of the events of the day and this particular event”. Officer says “NO”, this is why he needs his notes. Defence objects to officer using notes as he has no independent recollection of the events. Judge agrees. Prosecutor withdraws charges. (I WONDER IF I CAN SOMEHOW USE THIS WHEN I GO TO COURT??)
I reviewed 2nd disclosure package which contained
Front and back copy of ticket
Letter states, “We do not supply the radar manual”
“Officer training was in Orillia at OPP GHQ in August 2008
“The unit has an internal testing procedure, so there is no calibration record. “There has been no service on that unit”.
“This radar unit does not use calibration forks.”
“We do not disclose the information in regard to the tickets he wrote that date. This is against the privacy of the other people that he may have charged that date.
There is also a document of typed notes that I assume are the officer’s will say statement:
- observation of m/v travelling at a high rate of speed.
- m/v was in lane 1
- m/v was passing other vehicles (note that this was not in the officer’s handwritten notes)
- confirmed speed with radar at 148
- hwy 407 EB at Keele St.
- driver on his way to way to pick up his son from skiing lesson and drive was in a hurry (note that I did not say I was in a hurry and the hurry part was not in the officer’s notes)
- speed was reduced to 139
Statement that there is no other evidence (in reply to any other oral evidence by witnesses that are not contained in the officer’s notes)
“None that I know of” (in response to procedure policies of York region)
“The only guideline is that the speed measuring device must be used by a qualified operator of the equipment” (in response to procedures, policies of OPP)
End of disclosure.
As I was at the court, I immediately filed my 3rd disclosure request and got a stamped copy. I write that I have still not received full disclosure of items requested in my 1st request of March12. I asked for:
1. ENTIRE owner’s manual.
2. Officer’s TRAINING RECORD and certification for operation of said radar unit. Stating the place of training is not sufficient. Copies and records are requested.
3. Calibration Record of Radar Unit, or Certificate of Accuracy, please provide copies
4. Copies of written instructions, procedures, guidelines, policies held by any division of York region or OPP regarding the use of radar units.
I receive phone call from prosecutor’s office on May27 saying they will email me copy of radar manual to save me at trip to pick up. I agree and receive pdf copy of Genesis VP Directional User’s Manual (53 pages).
I replied to the email on the same day with the following (which constitutes my 4th disclosure request):
“I confirm receipt of your email with the attached radar manual. However, Please confirm that I in fact received the entire manual from front to back. The attachment you sent has 53 pages. Does the original manual have 53 pages or are there more pages?
Also, my disclosure request is still incomplete. I still require the following for disclosure such that I may make a full answer and defense to the charge:
1. The officer's training record and certification related to use of radar units. May13 disclosure revealed that "training was in Orillia at OPP GHQ, in August 2008.". However no copies or records of training was disclosed as requested. This is required to assess the officer's qualification and training to operate radar units.
2. Calibration record of radar unit/certificate of accuracy for radar unit used. Please also indicate when this unit was purchased. This is required to assess that the radar unit was functioning properly and accurately during its use.
3. Copies of written instructions/procedures/guidelines/policies held by any division of the Regional Municipality of York or Ontario Provincial Police regarding the use of radar. One guideline was disclosed on May13, 2009 as "The only guideline is that the speed measuring device must be used by a qualified operator of the equipment". Obviously, guidelines, operating procedures, etc exist, but no copies or records have been disclosed. Please provide copies. This is required to assess if the officer followed guidelines, policies, and procedures mandated by the OPP and/or Regional Municipality of York.
Requesting Full Disclosure from Prosecutor Office.
This is a sample disclosure request for a speeding (section 128) charge. You'll have to modify it to fit your needs:
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DISCLOSURE REQUEST
Date: July 15, 2010
Offence Number: 123456789A
Offence Date: February 12, 2010
Defendant: Radar Identified
Charge: Speeding 98 km/h in a 70 km/h zone
Court Date: October 22, 2010
Court Location: A1, 465 Davis Drive West, Newmarket, Ontario
Officer Name: Hwy Bear
Officer Badge #: 12345
In regards to the charge above, and with respect to the guidelines established by the R. v. Stinchcombe, 1991 (SCC) and subsequent cases, I request that you provide me with all relevant information so that I can prepare a defence, and make full answer, to the charge mentioned above. Without limiting this request, I specifically ask that you include:
* A full copy of the officer's notes, typed if not legible;
* If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms;
* A copy of the manual for the speed-measuring device used by the officer
I also request that you inform me of any information that is not being disclosed, with an explanation for such. If you require further information from me or have any questions regarding my request, please do not hesitate to contact me.
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