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Failiing to stop for a school bus
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PostPosted: Wed Jun 24, 2009 8:52 am 
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My wife got a ticket for failing to stop for a school bus.We're figthing that in the court. We've requested the disclosure package and we're told that they'll call us to pick up the package. We never received a call so far and we have a court date in 3 weeks. What are our options? Under which section/sub-section of the highway act it mentiond about diclosure package? If we don't receive the package, can the Judge cancel the ticket? We're planning to fight on our own. What form we have to fill out so that I can represent my wife on my own in the court.

Thanks


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Re: Failiing to stop for a school bus
PostPosted: Wed Jun 24, 2009 12:57 pm 
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bijalshah01 wrote:
My wife got a ticket for failing to stop for a school bus.We're figthing that in the court. We've requested the disclosure package and we're told that they'll call us to pick up the package. We never received a call so far and we have a court date in 3 weeks. What are our options? Under which section/sub-section of the highway act it mentiond about diclosure package? If we don't receive the package, can the Judge cancel the ticket? We're planning to fight on our own. What form we have to fill out so that I can represent my wife on my own in the court.

Thanks


Having disclosure is your right under section 7 of the charter of right to make full answer and defense to the charge. If you dont get it before trial it is ground for adjournment or stay (required 20 days written noticed to court). See www.ticketcombat.com for more details

The point of request of disclosure is to not get it. If you have not received it, it's good news. However you must demonstrate to the court that you have been actively seeking diclosure. So sending a request for disclosure a couple times to show that.

You can represent your wife to fight the ticket, no need for any form


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failing to stop for a school bus
PostPosted: Wed Jun 24, 2009 1:35 pm 
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If I send the request again now, it will remind them to send me the package. Don't you think this will make my case little loose? Also, if I want to represent my wife in the court, what do I need to to do/say in the court? Do you think I should file for the stay as I haven't received the disclosure package yet?

Thanks

Bijal


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PostPosted: Thu Jun 25, 2009 8:43 am 
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You are right, you don't want to receive disclosure a few days before trial, so don't send any more request from now to trial date.

You can apply for a stay but i am not sure what the chance of being granted one is. If a stay is denied they may want to delay the trial even if the cop does not show.

On the other hand, without filing for a stay you leave the door open to opt for a trial if the cop does not show. It's a bit of a gamble.


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Failing to stop for a school bus
PostPosted: Fri Jun 26, 2009 8:09 am 
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Looks like you're quite familiar with the process. is there anyway I talk to you over the phone. I would appreciate if there is anyway we can talk over the phone.
Thx.

Bijal


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