My court date is June 4 in the Robson Court. I have asked and received for the evidence and the thing that gets me is "-there is no such calibration logs available for our laser instruments."
Last time I went to court in Richmond Court house and as it was my first time in court i decided to stay and listen to the trials. Judge A. Himani was informing the alleged speeders of the procedures the police have to make and he said
that police have to calibrate before their shift, and then again after their shift. If the calibration is off at the end of their shift all their tickets are considered void (but if you go out and pay right away to get that 20% or so off you are admitting to guilt for those who dont know.) Judge A. Himani was very informative and mentioned laser methods and radar methods so im assuming there must be calibration for both.
Here are the officer notes as well as what i found in the manual of the laser device the officer used that i found relevant. I also added the letter i used to ask for evidence.
Spoiler!
Request for evidence
Spoiler!
DISCLOSURE REQUEST
Date: March 26, 2012
Offence Number: AH000000000
Offence Date: March 26, 2011
Defendant: Cheng Un Bartholomew Yong
Charge: Speeding (Motor Vehicle Act 146(1))
Court Date: June 4, 2012
Court Location: 800 Hornby Street, Vancouver, BC V6Z2C5
Officer Name:
Officer Badge #: XX0000
In regards to the charge above, and with respect to the guidelines established by the$R. v. Stinchcombe, 1991 (SCC) and subsequent cases, I request that you provide me with all relevant information so that I can prepare a defence, and make full answer, to the charge mentioned above. Without limiting this request, I specifically ask that you include:
* A full copy of the officer's notes, typed if not legible;
* If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms;
* A copy of the manual for the speed-measuring device used by the officer
* Official documentation of the calibration of the speed-measuring device used by the officer at the start of his shift and at the end of his shift
* Any photographic or video evidence if it exists and the Crown intends to use it at trial
I also request that you inform me of any information that is not being disclosed, with an explanation for such. If you require further information from me or have any questions regarding my request, please do not hesitate to contact me.
Thank you.
Cheng Un Bartholomew Yong
1234 ABC road
Richmond, B.C.
000 000
(604) 000 000
The officer notes
The calibration section of the Ultralyte LTI 20/20. It says here "We also suggest a test area be permanently installed in a convenient location."
Download of the whole manual for those interested
http://dl.dropbox.com/u/64423098/ult...100_manual.pdf
So the manual says it recommends daily calibration. Although the officer says "there are no such calibration logs available for our laser instruments" wouldn't the system be set up to have that documentation otherwise i would assume officers would NEVER EVER calibrate as there is no repercussions if they dont (they would just say they did even if they didnt). I have a feeling this cop is jerking me off because why wouldn't there be documentation? The manual also states that there should be a set area for such calibration for consistency, so why would they (police department) ignore such an important step? Judge A. Himani is in Richmond so im asking because maybe its different in vancouver? Please those with more knowledge than me shed some light. And please im not looking for answers like "if you were speeding then pay up, stop wasting the courts time" i understand your opinion and respectfully disagree. Keep it on topic! Sorry for the mega long read.
WON CASE BY COP NOT SHOWING UP, SKIP TO LAST PAGE.