REQUESTING DISCLOSURE FOR YOUR TRAFFIC TICKET

Once you receive your court date, request the disclosure for your case immediately. Disclosure requests should be sent to the appropriate prosecutor's office by either fax or mail. For faxes, make sure to keep the confirmation page that your fax went through, in case the prosecutor at the day of the trial states he or she never received the request. It is also a good idea to send a disclosure request through registered mail for the same reason.

Call the appropriate Provincial Offences Office to get the name and fax number of the prosecutor handling your matter so that you can direct the disclosure request to them.

We included a general disclosure request form for download. For speeding charges, it is important to request the type and model of the equipment used by the police officer to clock your speed, the notes regarding the before and after testing performed on the equipment by the officer, as well as details on how the device should be tested. Some offices give copies of the testing procedures that are outlined in the equipment's manual, but other offices require you to attend the court office in order to view the manual. For some reason, some offices provide this information freely while others argue that they cannot break the copyright law prescribed by the manufacturer.

If you cannot obtain a copy of the manual of the equipment used to clock your speed, make an appointment to view it at the prosecutor's office, so that you may determine which pages to ask for, with reasons indicating how withholding this information will prevent you from having a fair trial.

In speeding cases, though the prosecutor is not bound by case law to provide you with a copy of the manufacturer's manual, the prosecutor is bound by case law to provide you with the information you require, as long as you explain logically and rationally how not having this information will prevent you from defending yourself properly. If you are not quite sure what you require from the manufacturer's manual, it is a good idea to set up an appointment with the prosecutor's office to view it. If you happen to read something you feel can help your case, you may request for a copy of the pages of the manual that contains the information, with your outlined reasons.


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