Disclosure for Speeding Tickets

Disclosure is the police officer’s notes about how they caught the driver speeding, detailing the evidence that will be presented to the court.

Complete Disclosure for Your Speeding Ticket

The prosecution is required by law to: Where the defendant has made a “reasonable request prior to the trial date for disclosure, the prosecution shall reasonably provide full and complete disclosure to a defendant”.

Disclosure is the Police Officer’s Notes

Understanding Disclosure: The Significance of Police Officer’s Notes in Speeding Tickets

In the context of speeding tickets, ‘disclosure’ refers to the notes made by the police officer regarding how the driver was caught speeding. This documentation is crucial as it contains the officer’s observations and the details of the alleged offence.

In Canada, anyone charged with an offence, including speeding, has the legal right to access the evidence that will be used against them in court. This is an important aspect of the justice system, ensuring that defendants have the opportunity to fully prepare for their trial.

The responsibility of providing this disclosure falls on the prosecution.

The Provincial Prosecutor is obligated to give the defendant full and complete access to all relevant information in a reasonable timeframe before the trial. This includes the police officer’s notes, which can offer insights into the circumstances of the offence and the methods used to determine the driver’s speed.

This process of providing disclosure is not only a legal requirement but also a fundamental part of ensuring a fair trial. It allows the defendant to understand the basis of the charges against them and to formulate an effective defence. For instance, by examining the officer’s notes, the defendant might identify inconsistencies or procedural errors that could be crucial in contesting the ticket.

Moreover, disclosure can sometimes reveal additional details that were not initially apparent, such as environmental conditions, traffic patterns, or technical aspects of the speed measuring equipment used. This level of detail can be pivotal in shaping the defense strategy.

Given the importance of disclosure in traffic cases, it is advisable for defendants to request this information promptly and review it carefully. Understanding the contents of the police officer’s notes can significantly influence the course of the trial and the potential outcome of the case.

When to Request Disclosure

Once the court assigns a court date the driver or their legal representative may request the disclosure.

Disclosure requests should be sent to the appropriate prosecutor’s office by either fax or mail.

The defendant is required to make a reasonable and timely request, prior to the trial date.

The defendant cannot come to court on the trial date, stating that they have not received the disclosure and expect the Justice to dismiss the charge because the prosecution has not provided information to the defendant.

Disclosure may be requested by attending the court where your ticket was issued. Many courts allow for online requests for disclosure. Search for the court where your ticket was issued for this information.

What to Request in Disclosure

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.