couple of disclosure Q's

[tribal250]

I asked for a copy of the front and back of the ticket

and got a response of; the back of the ticket is not relevant and we are not aware of any notes made by the officer on the back of the ticket.


asked for a copy of the speed measuring devices calibration log for the date of the offence. Here is what i got back

we are not aware of the existence, and are not in possession of, any maintenance, mechanical or technical reports, such as a calibration log. for the speed measuring device, and take the position that any such report, if it exists, is not relevant to the functioning of the speed measuring device on the date of the offence, will not be relied on for the prosecution of the charge and therefore will not be disclosed?



so here is the q's shouldnt i be the one to say weather its relevant or not?

is there a log? if there is then how is it not relevant...... if he didnt calibrate it properly on the day of the ticket, seems very relevant to me

if anyone can answer this for me i would appreciate it

thanx,

matt

[OpenGambit]

relevance is something you can argue, but they first said that it didn't exist, so... thats the real problem.

[Rob MacLennan]

If no evidence exists that the RADAR/LASER unit was calibrated, as required, then it must be assumed that it was not. Resubmit your request, asking for records that it had both been calibrated prior to the issuance of your ticket, and after it. If they cannot produce it then they cannot rely upon the evidence, of that device, in a finding for your charge.

If you ask about calibration records in court and then they produce them, after telling you that they don't exist in response to your disclosure request, you then ask for the charges to be dismissed as evidence was withheld. Show your written notice that such evidence 'does not exist.' If that is denied then you should at least be able to request a continuance, so that you can examine the 'new' evidence. The officer's recollection, that he performed the required calibration on his speed measurement device, should be considered insufficient evidence, given that a written record of such testing is the standard.

[Deanmac]

I didn't request the calibration data prior to going to court. When the judge broke for recess before he heard the cases for trial, I took the officer to the side and asked him if he had tested his equipment prior to and after his shift. He said he had before his shift but not after. I looked him in eye and said we're going to trial. Just before the trials started, I saw him approach the Crown and heard him whisper my last name. When my case was called, the Crown requested that all charges be dropped.

[tribal250]

i forgot to mention the ticket was issued in waterloo region if that makes a diffrence. i called the cop shop and they told me that they dont keep a log, but just put it in their notes that it was tested. is this sufficient?

If no evidence exists that the RADAR/LASER unit was calibrated, as required, then it must be assumed that it was not. Resubmit your request, asking for records that it had both been calibrated prior to the issuance of your ticket, and after it. If they cannot produce it then they cannot rely upon the evidence, of that device, in a finding for your charge.

If you ask about calibration records in court and then they produce them, after telling you that they don't exist in response to your disclosure request, you then ask for the charges to be dismissed as evidence was withheld. Show your written notice that such evidence 'does not exist.' If that is denied then you should at least be able to request a continuance, so that you can examine the 'new' evidence. The officer's recollection, that he performed the required calibration on his speed measurement device, should be considered insufficient evidence, given that a written record of such testing is the standard.

[Rob MacLennan]

i forgot to mention the ticket was issued in waterloo region if that makes a diffrence. i called the cop shop and they told me that they dont keep a log, but just put it in their notes that it was tested. is this sufficient?

That's logging it. You want a copy of the officer's notes, stating this.

[turbodish]

"Calibration" these days is not like the days of old. Modern units have built-in self-calibration and self-testing on power-up. The calibration procedure would be as simple as turning the unit on and letting it run its POST routine. No need to "log" turning on the radar unit.

As far as "logs" go and the need for disclosure, read this judgment: http://www.canlii.org/en/ns/nspc/doc...2008nspc51.pdf