Disclosure for Speeding Tickets
Full and Complete Disclosure for Your Speeding Ticket
When you appear in court, the law says you’re allowed to know the case that the police and prosecution have against you.
This allows the defendant to understand:
- what the allegation is
- what evidence will be presented against them, including
- any witness statements
The police must “reasonably provide full and complete disclosure” to a defendant prior to the trial upon their request.
Written requests for disclosure must be sent to the prosecution office in the jurisdiction where the ticket was issued.
The request must be made “within a reasonable time period prior to the trial date”.
A request for disclosure should have:
- name of the defendant
- date of the offence
- full ticket number
- officer’s name and badge number
It is the defendant’s responsibility to make a complete and timely request for disclosure to the court.
Accused persons cannot come to court on the trial date stating that they have not received the disclosure where the request has not been made reasonably.
When to Request Disclosure
Once the court assigns a court date and you have received this you should request the disclosure for your case immediately.
Disclosure requests should be sent to the appropriate prosecutor’s office by either fax or mail.
After you have sent the request make sure you receive a confirmation of the notice, then keep the confirmation with your trial documents and bring it to court on the trial date.
When applying for the police disclosure request:
When you apply for the police disclosure you are requesting:
- full and legible copy of the officers notes.
- description of the radar that was used by the officer.
- manual of the radar used.
Knowing what is relevant to your speeding trial is for the driver to decide, and drivers may want to retain the services of a qualified paralegal for speeding tickets in reviewing the case.
Be aware that once the driver puts in a request for the officers notes that this sends a notice to the officer that the driver/defendant is fighting the ticket (a warning to the officer).
In some cases the request gives the officer an opportunity to review their case to ensure that everything has been done properly and that their notes are completed.
Police Codes for Speeding Tickets
L1 – lane one
L2 – lane two
ID – As in the driver Identified themselves with an Ontario Drivers Licence
W/B – Westbound, E/B – Eastbound, N/B – Northbound, S/B – Southbound
Checked – sometimes a check mark maybe used, officer checked the radar and found it to be working properly
Q – Qualified, the officer is reminding themselves that at court they have to say they are qualified to operate the device.
Dr1 – Driver one
Colour – the officer many put the colour of the vehicle in
Clr – Clear, a description of the weather, or cloudy, radar is not usually done in the rain
Dry – Road was dry
Times – two times maybe listed as the officer is required to check the radar before and after setup, times maybe in the 24 hour clock e.g. 1430 = 230pm, 1730 = 530pm.