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Board index » 4 DEMERIT POINTS » Exceeding the speed limit by 30 to 49 km/h

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Re: Picked UP disclosure for trial..Improper ?

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Radar Identified

Posted: Fri Jan 14, 2011 1:34 am

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2536
Location: Toronto

10 months and 2 weeks is not sufficient time for an 11B in my opinion. 11 months is the minimum "goal line."

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca

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Re: Picked UP disclosure for trial..Improper ?

fredfred

Posted: Fri Jan 14, 2011 11:27 am

Joined: Tue Jan 04, 2011 11:10 am
Posts: 30

Radar Identified wrote:

10 months and 2 weeks is not sufficient time for an 11B in my opinion. 11 months is the minimum "goal line."

A paralegal I spoke to used the phrase "The Magic 13" to refer to 13 months but I guess it depends on the case and the JP.

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Re: Picked UP disclosure for trial..Improper ?

bilal388

Posted: Fri Jan 14, 2011 11:27 am

Joined: Thu Jan 06, 2011 1:21 pm
Posts: 14

Ya i think so too

How should i approach in terms of getting that typed version of the notes as agreed upon by the officer? Should i wait for them then go to trial and say they did not give it to me? Or should i wait until like weeks before the trial and if it doesnt come by then fax a request?

The officer said they will contact me so ya

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Re: Picked UP disclosure for trial..Improper ?

Observer135

Posted: Sun Jan 23, 2011 2:29 pm

Joined: Sun Dec 19, 2010 12:33 pm
Posts: 20

fredfred wrote:

hwybear wrote:

fredfred wrote:

If you ask for a stay from the JP when you are called up to plead and you get an adjournment, your new court date will most likely be one on that JP's next scheduled court dates and not the date that the officer has his/her cases scheduled for (maybe adds another 2 to 4 months). That would reduce the chance of the officer showing up as they would most likely only have one case on that date. .

The courts don't care which JP is "sitting" for court. They schedule as per officer availability/schedule (courts also have each officer's booked vacation dates to avoid)

That may be true if a motion is filed in advance, but when one is asked for in court and the JP decides to give an adjournment (after telling you that you should have given proper notice) he asks the court reporter what his next trial date is, and it is set for that one or the next one if the reporter says, "you have xx cases on that day and there is no room". The cop is sitting there and no one asks him/her whether it is a good date for them or whether this is their "special" day where all their cases are heard.

Sorry but that is not exactly true...
During my first trial in Dec. 2010, the officer and the prosecutor were the ones deciding the date of adjournment not the JP.
All the trials being delayed for any reason were set by the two officers that were there and it the court reporter simply was entering the info into the court computer system. I guess they are simply now working with the officers to decide when they an make it so they can get the maximum number of convictions...

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Re: Picked UP disclosure for trial..Improper ?

Simon Borys

Posted: Sun Jan 23, 2011 11:45 pm

Joined: Fri Apr 30, 2010 10:20 am
Posts: 978

I don't think 10 months is going to cut it, especially since the time between the date they offered in Feb and the one you got at the end of March is arguably attributable to you and not the crown.

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Former Police Officer, Law Student, and aspiring Criminal Lawyer
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NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.

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Re: Picked UP disclosure for trial..Improper ?

bilal388

Posted: Tue Jan 25, 2011 6:34 am

Joined: Thu Jan 06, 2011 1:21 pm
Posts: 14

ya 11b is not on right now...

well there was no date in feb anyways so ya.....i still havent heard from them regarding the additional disclosure so im hoping they dont contact me so i could get another delay then file the 11b

btw observer is right ...thats what happened to me too

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Re: Picked UP disclosure for trial..Improper ?

bilal388

Posted: Fri Feb 18, 2011 1:19 am

Joined: Thu Jan 06, 2011 1:21 pm
Posts: 14

hEY

So abt 1 month remaining till the new trial date and no typed version of the notes provided to me as agreed upon by the officer. Should i just wait and go the trial and tell them abt the agreeement that we had or send them one notice. BTW the officer said they will contact me with regards to picking up the typed version of the notes.

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Re: Picked UP disclosure for trial..Improper ?

Reflections

Posted: Fri Feb 18, 2011 7:59 pm

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1455
Location: somewhere in traffic

If you only had a verbal with the officer then there is no proof of anything. Send a fax, keep the transmission receipt, to cover your bases, then you have an arguement.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

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Re: Picked UP disclosure for trial..Improper ?

bilal388

Posted: Fri Feb 18, 2011 8:52 pm

Joined: Thu Jan 06, 2011 1:21 pm
Posts: 14

Hey ya it was verbal... but it was done in front of the JP and the prosecution it wasnt something that was agreed upon when he took me outside to talk.

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Re: Picked UP disclosure for trial..Improper ?

Radar Identified

Posted: Fri Feb 18, 2011 9:35 pm

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2536
Location: Toronto

Court transcript might have it if it was said in front of the JP...

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca

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Re: Picked UP disclosure for trial..Improper ?

bilal388

Posted: Sun Mar 13, 2011 1:30 am

Joined: Thu Jan 06, 2011 1:21 pm
Posts: 14

YA SO I DONT think its coming so im planning on sending them a notice..trials in 2 weeks approx or hsould i just go there like that

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Re: Picked UP disclosure for trial..Improper ?

bilal388

Posted: Sun Mar 27, 2011 11:28 am

Joined: Thu Jan 06, 2011 1:21 pm
Posts: 14

Trial Tomorrow lets see what happens

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Board index » 4 DEMERIT POINTS » Exceeding the speed limit by 30 to 49 km/h

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