Rep Power: 0

Hi

I have got a ticket for going 66 on 50 zone. I was not convinced that I did go at that speed, so I have requested for a disclosure. The court date is May 31 and I have requested for the disclosure Feb 6th. They have just called me (May 25, afternoon) that my disclosure is ready. (Minus the weekend, I only have 3 days to react)

I am sure this is a trick that the nasty prosecutor played on me. Even if I go pick up I have no time to talk to an expert and prepare for my case. Am I allowed to use this as basis to ask for another court date?

thanks

 
Rep Power: 735

Pick it up, on trial date state you require a reasonable amount of time to prepare a defence (as is your right). Dont let the prosecutor push you to trial, you dont have to go on without prep time, so the judge will give you an extension. This way still protects your statute of limitations rights, as the proceedings are not delayed by you, but rather by the slack prosecution.

 
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thank you
I picked the disclosure up. I cannot really understand the handwriting and from what I can make out, it is very vague. It has none of the hard evidence I imagine they would have like the transcript of the device used to record my motion. Just the fact that the officer said I was speeding at the range of 400M and 1000M from him, which I can swear to god is a lie.

If only I can figure out how to raise the doubt...

anyway, I will try to delay the court proceeding first like you suggested.

 
Rep Power: 735

In your disclosure you should have requested as much as possible about the speed measuring method.

Model, type, serial number, calibration records, officer training etc etc etc, and then point out all the missing info and screw ups to raise doubts about the records, which in turn raises doubts on the officers credibility and the evidence used. They will only give you what you ask for, if you failed to ask for some of this stuff this will reflect on you and can't be used as grounds for adjournment til a later date.

But I'm no expert I'm sure others will have more to add if anyone ever comes here anymore.

 
Rep Power: 0

Hmm... Wish I know that before.

Anyway, I have filed a request for further disclosure stating I cant read the handwriting and there weren't any detail on the device used like model number and maintained record

I hope that would work

 
Rep Power: 735

Thats an iffy situation now, because as they see it you neglected to make these requests the first time around and thus forfeit your statute of limitations rights by making new requests.

Nonetheless good luck to you, fight 'til the bitter end