skidmark: requesting information for dispute

[Jessev]

i'm sending a letter asking about the gun used, where i was caught etc etc. my uncle had done one before so i've expanded/changed it to suit me. my question is basically who do i send it to? since his was RCMP and mine is abbotsford police i doubt its the same.

one thing i am requesting is "A copy of the RCMP procedural manual detailing where “speed traps” may and may not be set up". again, since the RCMP is not involved, what should i change that to?

[Jessev]

and any other advice/things to ask for is greatly appreciated

[skidmark]

I don't know if I would get carried away with a long list of items to request. I think I might just write asking for disclosure, the make and model of the device the officer used to measure your speed and their experience with it. I would also ask when I could attend at their office and examine the manual on the speed measuring device. The parts to pay attention to are the methods to check it's accuracy and what problems to watch out for. Make notes on them and ask the officer at trial about them. If they refuse to do this, follow the instructions on your dispute notice for a Charter argument and explain that it is because proper disclosure has been refused.

If you have an officer with any amount of experience, it's going to be pretty difficult to beat a speeding ticket written with radar or laser and probably even more difficult if it was a pace.

A speeding trial essentially comes down to:

1) Date, place and time
2) Identity of the driver
3) The fact that the speed of a motor vehicle on a highway was tested
3) Observation of the offence
4) Measurement of the speed
5) Speed testing instrument was operated properly and tested for accuracy, certainly before use and possibly after as well.
6) Identification of the speed zone boundaries and where your vehicle was measured
7) The correct section of the MVA was used for the offence
8) The officer was qualified to operate the speed testing instrument

If all of these are covered correctly, it's pretty hard for an officer to lose the case.