Reviewing Disclosure of your Traffic Ticket
The disclosure usually takes about 4-6 weeks to arrive so it is imperative you request for it as soon as you receive your court date. You do not want to request it a week before your court date and have to come back a second time because there was not enough time to receive your disclosure.
Once you receive the disclosure, review it. Compare the police officer's notes with your own notes. Determine if there are any missing notes or missing details in the disclosure. For example, did the officer indicate what type of equipment he or she used to clock your speed? Did the officer indicate if he tested the equipment before and after use, as specified by the manual to ensure the equipment was working properly at the time he or she clocked your speed?
It is also good practice to consult resources when reviewing your disclosure. Particularly, the book The 2004 Annotated Ontario Highway Traffic Act by Murray D. Segal contains sections of the Highway Traffic Act, and a listing of case law, coupled with summaries, for each offence. Similarly, the book Defending Provincial Offence Cases in Ontario by John P. Allen contains sections of the HTA as well as a listing of case law for the different offences. This book by John P. Allen is helpful for anybody who wishes to gain an overall perspective of the court procedures involved when defending provincial offence cases in court.
Both books provide the most common forms of defences used, citing various case law, for each traffic offence.
If you do not have access to case law and feel that a certain case would help you, you can research into acquiring the required access or consider consulting with a paralegal/law firm at this point. Keep in mind that law firms have access to case law, but not all paralegal firms will.
You can also view the Highway Traffic Act, and the regulations surrounding the act for more information.
JOIN OUR *NEW* 'FIGHT YOUR OWN TRAFFIC TICKET IN ONTARIO' RESOURCE GROUP. To keep updated on changes and additions made to our fight your own traffic ticket guide or to ask questions regarding your particular charge, join our group on facebook. We will be eliciting feedback from our members regularly to improve on our current tutorial.