FIGHTING YOUR SPEEDING TICKET GUIDE
Special Instructions for Speeding Cases
If you were charged with a speeding ticket, make sure to request information on the equipment that the officer used to clock your speed. You should get the type and model of the equipment, notes taken by the officer regarding testing and using the equipment, and details on how the device is meant to be tested and used. If the officer did not properly test the equipment or take notes proving that he or she made sure it was working properly, the speed they say you were travelling may be suspect.
Keep in mind that some offices may include the testing procedures in the disclosure, but others might require you to come to the office in person to review the manual. If you do not receive all the information in the disclosure, make sure to contact the prosecutor’s office to arrange a time to review the manual and make notes.
Remember that you’re entitled to all the information necessary to ensure you get a fair trial for your speeding ticket, so insist that you be given access to the relevant pages in the manual. The prosecutor may argue that they aren’t bound by law to provide you with a copy of the manual itself, but you can make the rational argument that the information inside the manual is necessary to ensure you a fair trial, and then specify which pages from the manual you need. As long as you stay calm and keep your reasoning logical and rational, they cannot fault you. Stick to your guns and get everything you need for your speeding ticket defence.
How long will it take?
It will usually take four to six weeks to get your disclosure for your speeding ticket, and it may be longer in some busier courts, such as Toronto. This is why it is important to request it as soon as you get your trial date. If you don’t request disclosure until just before the court date, you will very likely have to come back to court again, costing you more time and money.
If you don’t hear anything from the prosecutor’s office after about four weeks or so, send your request for disclosure another time. If you’ve sent requests four or more times without any response, make a note of each date you sent a request. Send one more the week before your trial date so you can prove you have made a diligent effort to get the evidence you’re entitled to for your speeding ticket, and make sure to bring it up right away when you appear in court.
The prosecutor’s office should contact you once the disclosure is prepared. Many offices will require you to come in person to pick up the disclosure, but you may be able to work out another manner of getting it with one of the clerks at the office. Be polite and explain your circumstances if going in person will be difficult for you. They may be willing to fax it to you or send it by mail, or even scan it and send it by email.