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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 06-03-2010, 05:24 PM   #1
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Requesting Disclosure

I've done some reading on the subject here, but most of it says to write to the officer.

The short of the story is, I received a violation ticket 5 months ago, and recently got my notice of hearing date letter. I should have requested disclosure already I guess, but I didn't. I read here that I should send a letter to the officer requesting his notes and documents. I called the detachment on the ticket to check that was the right place to send the letter, and they said that the officer does not exist there, and the detachment number listed on my "Notice of Hearing Date" does not exist. Suggested I call E-Services. They essentially say the same thing, but suggest I call another based on the location I received the VT. I do that, explain why I am looking for the officer's mailing address, and the lady on the phone says that officer is at that detachment. However, the lady I spoke with informed me that writing to the officer is the incorrect way of requesting disclosure, and I must go through the forms on this site: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp

That sounds like a lengthy ordeal, and the hearing date is 4 weeks away. Have I sabotaged my ability to gain these notes by waiting until now, or if I send a letter to the officer today am I likely to hear back? I have even heard of people calling the officer directly, and having notes faxed to them, but I don't want to be trying to do things out of protocol.

What does "Attendance Method" "TC" mean? Is that TeleConference, or something else?
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Old 06-04-2010, 10:52 AM   #2
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TC means teleconference. so the JP will call the detachment and the officer will be able to testify over the phone. i had that once before, and when the JP called, the officer was not avaliable...
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Old 06-04-2010, 10:57 AM   #3
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If you do not get the materials by trial then request an adjournment to give you an opportunity to review the documents and research your defence and/or seek legal advice.

also, make sure you are specific in your letter. I have heard several Traffic Court JPs say that a disclosure request cannot be a fishing expedition, it must request specifics that are reasonable and that reasonable information will be supplied.
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Old 06-04-2010, 01:52 PM   #4
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As this is a legal proceeding you must ask for precisely what you want. You must be specific in your request. Do not be guided by some anti-Police sites, specially US ones, as they are unlikely to apply in BC. Someone already told you that this is not permitted to be a fishing expedition. You will not get a copy of the radar/laser manual, the name of every other driver ticketed that day by the officer, the ""calibration" ? records of the unit, the training course materials of the course attended by the offcer and other things. You can ask for a copy of the officer's notes ( usually written on the back of the VT), the Police file if it invloves a crash...that sort of thing. If you delayed in requesting disclosure after being notified of the court date, the JP will not be sympathetic. He/she will likely also ask why you didn't request disclosure at the time you disputed the VT.....and they will expect an answer. You are entitled to one adjournment when you appear in court, so is the Crown. If you delay the trial date yourself you cannot claim prejudice against a speedy hearing.
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Old 06-04-2010, 05:41 PM   #5
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The person you spoke with is not correct, those are not the forms that you use as no form in required. A simple letter stating what you want mailed or faxed to the issuing officer is sufficient.
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Old 06-14-2010, 12:24 AM   #6
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Quote:
Originally Posted by zulutango View Post
As this is a legal proceeding you must ask for precisely what you want. You must be specific in your request. Do not be guided by some anti-Police sites, specially US ones, as they are unlikely to apply in BC. Someone already told you that this is not permitted to be a fishing expedition. You will not get a copy of the radar/laser manual, the name of every other driver ticketed that day by the officer, the ""calibration" ? records of the unit, the training course materials of the course attended by the offcer and other things. You can ask for a copy of the officer's notes ( usually written on the back of the VT), the Police file if it invloves a crash...that sort of thing. If you delayed in requesting disclosure after being notified of the court date, the JP will not be sympathetic. He/she will likely also ask why you didn't request disclosure at the time you disputed the VT.....and they will expect an answer. You are entitled to one adjournment when you appear in court, so is the Crown. If you delay the trial date yourself you cannot claim prejudice against a speedy hearing.
You have to requiest full disclosure of your case!! Get it register (your letter) and send one copy to the court and the other one to your officer with your questions!!!

If he wont respond with answers you have to say that the officer has violated your rights by not giving you disclosure!!!

No answer = No evidence !
No evidence = No ticket!!!


Some people are asking disclosure but dont know what to say after!!! LOL!!!
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Old 06-14-2010, 10:25 PM   #7
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There is no reason to send a copy of the letter to the court.
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Old 06-15-2010, 08:10 PM   #8
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If I had somebody requesting disclosure I would rather have them call me directly and asking me on the phone rather than going through that entire process.

This method also benefits you because you can ensure the officer is aware of your request.
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Old 06-16-2010, 02:03 PM   #9
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If I had somebody requesting disclosure I would rather have them call me directly and asking me on the phone rather than going through that entire process.

This method also benefits you because you can ensure the officer is aware of your request.
The reason asking the officer by regiester mail that in court the officer wound not diclene that he/she never recieve the letter!!! Plus I got some very nice questions that you would answer right away!!!

Like serial numbers, you license to operate radar/laser etc. and the list goes on!

The questions are very vital and would be proof of alligation!
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Old 06-16-2010, 09:40 PM   #10
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Like serial numbers, you license to operate radar/laser etc. and the list goes on!
Time to read my column on disclosure. A list of silly requests is just that, and may be ignored by the officer in disclosure with support of the court.
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Old 06-16-2010, 10:31 PM   #11
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I don't think I ever actually got a certificate or anything all that tangible to show for the courses I've taken... They all show up on my online "career profile" type page that shows courses completed/passed though.
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Old 06-17-2010, 12:39 AM   #12
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Cossack.. you suck. Go away.

Or maybe you'll understand it this way:

Go away!!!!
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Old 06-17-2010, 12:21 PM   #13
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Anything else do you want?
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Old 06-17-2010, 12:29 PM   #14
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Originally Posted by sho_bc View Post
I don't think I ever actually got a certificate or anything all that tangible to show for the courses I've taken... They all show up on my online "career profile" type page that shows courses completed/passed though.
Questions has been removed pm if you need them!!!

Last edited by Cossack; 06-17-2010 at 06:44 PM.
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Old 06-17-2010, 01:36 PM   #15
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Originally Posted by skidmark View Post
A list of silly requests is just that, and may be ignored by the officer in disclosure with support of the court.
Ask, and Cossack provides exactly that - a list of silly requests that mean bupkiss!!! (<- 3x exclamation marks for Cossack to understand!!!)

Oh, and your command of the English language sucks too. Work on that, will you!!!
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Old 06-17-2010, 03:14 PM   #16
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Ask, and Cossack provides exactly that - a list of silly requests that mean bupkiss!!! (<- 3x exclamation marks for Cossack to understand!!!)

Oh, and your command of the English language sucks too. Work on that, will you!!!
I dunno. But in some way, his questions, imho, seem to be legitmate questions. Or am I failing to a troll?
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Old 06-17-2010, 06:39 PM   #17
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I dunno. But in some way, his questions, imho, seem to be legitmate questions. Or am I failing to a troll?
My questions are coming from my layer!!!

jlenko you dont like my english GTFO!!! THX!!!
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Old 06-17-2010, 09:26 PM   #18
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Unlike you, I was born here beeoooch! And I'm sick of whiney FOBs like you screwing up our formerly nice place to live..

So why don't you GBWYFCF!!!!!!!
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Old 06-18-2010, 11:57 AM   #19
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Unlike you, I was born here beeoooch! And I'm sick of whiney FOBs like you screwing up our formerly nice place to live..

So why don't you GBWYFCF!!!!!!!
Wow!!! Anything esle you wanna add to your racist comments?
You are right I came all the way to Canada to screw your nice place!!!!

P.S. You are such kid, your comments only proove that!!!
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Old 06-18-2010, 12:40 PM   #20
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Children behave. Lines are fast being approached.
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Old 06-18-2010, 05:53 PM   #21
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My apologies, zulu and other mods.

I shouldn't submit to the troll.
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Old 06-19-2010, 09:15 PM   #22
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Bin dere, done dat!
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