Disclosure for Speeding Tickets
Full and 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”.
Police Officer’s Notes
The speeding ticket disclosure is the police officers notes about how they caught the driver speeding.
Anyone charged with an offence in Canada is allowed to see the evidence that will be presented to the court prior to the trail.
The prosecution is required to reasonably provide full and complete disclosure to a defendant prior to the trial.
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.
It is the defendants responsibility to request disclosure.
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.
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
Color – the officer many put the color 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