Quote:
Originally Posted by BraedenDA
May I ask how long it took you to get your court date when you disputed?
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This particular ticket was exactly a year. Got ticket March 26 2011, received court date notice on March 26 2012. I disputed the ticket within the week i got it, maybe even the day i got it (which happens to be my birthday
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K i will post my script and the evidence i used as a download link as .ODT (openoffice), PDF, .docx (microsoft word). I will post download links from drop box,
if they stop working just let me know ill find a better hosting site to upload and repost link.
This is my script :
Spoiler!
http://dl.dropbox.com/u/64423098/Pol...TER%20COPY.odt
The
bolded black lettering is what i say, non bolded is just for reading when the officer or judge is talking so i can envision what sort of tone i want to use.
Green font is an action as in to give judge evidence and what not.
Within the script you will see "give pink tab to judge". The following download links shows what would be in the pink tab.
http://dl.dropbox.com/u/64423098/Police/001.jpg
http://dl.dropbox.com/u/64423098/Police/002.jpg
These images are scans of what the officer provided to me when i asked for disclosure (Evidence he plans to use in trial)
http://dl.dropbox.com/u/64423098/Pol...arch262012.odt
This is download link to the disclosure request i sent to the office, once by going to the station and asking the receptionist to give it to the officer. Second time a week later through the mail.
http://dl.dropbox.com/u/64423098/Pol...al%20Lidar.odt
This is something I put together researching other US lidar cases in which they were thrown out. On the second page its some rules and regulations that other states have put into place as requirements.
As a general rule of thumb, I feel all minor traffic violations should be disputed. It keeps the officers in check to follow proper procedure. For example if you are ticketed for speeding and at the end of the officers shift they calibrate and find out its not calibrated, your ticket would be counted as no evidence when you go to court. But you would only know that the officer doesnt have evidence if you dispute! Once you pay you admit to guilt, which is why if you would never in a billion years get a refund after you pay for a ticket that has no evidence. It is completely within your rights to ask for disclosure and I strongly recomend doing so. Its under your charter of rights and freedom to a right to fair trial. Use it or you will lose it. If you ask for disclosure and the officer never sends it to you, in court NEVER accept the offer to go outside the court room and review the evidence, politely say that this does not give you sufficient enough time to make a case for yourself. Their only 2 options would be to post pone the court date, or to just let you off under No evidence. I feel Canada is becoming more and more a police run state (province? country?) where cops are getting away with a lot more than they should be, and may be slacking off on some proper procedures they should be doing. Our right to dispute and our right to a fair trial is one of the few things we can exercise to make sure officers do proper procedures, right down what they are suppose to right, be thorough in their notation, etc. Good luck in all your disputes and court action. Exercise your rights and freedoms while we all still can, who know when we will lose them.
Special thanks to Marco911 for taking the time to review my case and gather a lot of ideas that were a large part of the script itself.