Due some personal issues and difficulties, I haven't had a chance to follow up on this board in the last few weeks, I basically got a court date and had serious family issues to tend to, and put this mostly out of mind. I did have to chase them and call several times to get the evidence report--it basically took over 2 months to send it. My court date is now coming up on wednesday, and i got the report last week, about a 8 days prior to court date!! I'm at my wits end with this whole thing--it seems they go out of their way to get you frustrated and just pay the fine or agree to a plea. So I have a few questions I'm going to put here, along with some explanations, as a last resort, and see if anyone can help me with this :
1)is there a rule or law that says how much time the prosecutor has to mail the evidence to defendant?? And could I ask the JOP to dismiss the case based on their tardiness?? It feels like they dragged their feet just so I'd get it a week before the court date, and not have time to prepare. The prosecutor did tell me that I can ask for a continuance, and get another court date, but I don't want that, as I will be overseas for some time, and don't want to be bothered by this any further, having to worry about another court date in a few months.
I was first told it would take a few days to get the evidence; on the sheet they sent out, it says it can take up to 4 weeks. After about 6 weeks and a couple of phone calls, I still hadn't got it, so I called again, and got forwarded to the prosecutor himself. He kept asking me why I need it, that there isn't very much in it anyways!! (and he wasn't kidding--see #2 below). Then he offered me a plea--which was really good, because of my clean record (so he said)--down to 15 over and no demerits. I said I still felt I wasn't guilty and would like to see the evidence, before deciding. Again, he tried to pursuade me otherwise; finally, said it will be in mail in a couple days.
8 days later, still no report; I figured I'd take the offer because it seemed good, and I also wouldn't have much time to prepare for court, as I was so tied up with personal and family stuff, so I called back to say that I didn't get the evidence, but I'll take the plea. His assistant was there this time; said the plea was recorded as something else : 19 over with 3 points. He was very rude and didn't accept that the prosecutor had offered me such a good deal a week before. I then asked him about the evidence, and he said rudely "you'll get it when you get it, be patient"!! He was literally yelling on the phone. Then he said it was mailed already a few days ago. BUt when it came, the date on the envelope was for the day AFTER I spoke to the assistant!!! So he mailed it after talking to me!! THIS IS RIDICULOUS--CAN THEY TREAT A TAXPAYING CITIZEN LIKE THIS IN CANADA, AND GET AWAY WITH IT?? I REALLY FEEL SICK TO MY STOMACH OVER THIS WHOLE THING...
2)Is there a set standard for the evidence report?? And can i ask the Prosecutor or JOP to withdraw the case due to not following that set standard?? i saw a report from a friend's ticket a few years back (another part of ontario) and it was typed, in full paragraph form, explaining everything in plain English. My report : is a few photocopied pages, of the notebook notes of the officers (those lined 3"X5" flip notebooks)...much of each page is blacked right out with black marker. The rest is totally unlegible handwriting--Doctor's chicken scratch!!...bunch of code words like "2 L w/s"?? what the heck?? one of the pages, it appears to be test for lidar; the only sentence in the whole "report" is where it says my car passed another and pulled into right lane. That's it. The rest is mumbo-jumbo to me. CAN THEY REALLY DO THIS AND IT STANDS UP IN COURT??
3)I read the whole discussion on another part of this forum (here : http://www.ontariohighwaytrafficact.com/topic12.html
) regarding having ticket withdrawn becuase it the amount on the ticket doesn't match/ or is more than, the amount set out in the HTA?? My ticket says total amount owing is $227, whereas $7X31km over equals $217. Can I ask for withdrawal based on this alone? Do I ask the prosecutor to withdraw or do I have to take my chances before JOP??
I really haven't had much time to prepare a case, and don't know how I would prove that I wasn't the car they were after--there was another similar car to mine, as I mentioned above in my first post, with US Plates, that got away, and I know the officer that pulled me over knew that, and said "well, that was a US car...we got you instead". I can't prove any of this in court, and am reluctant to go before JOP with a weak case, and make an a** of myself, as someone mentioned in another post!! So my question is: Do I have any chance to get out of this with the above 3 points??
Thanks in advance for any and all help in this regard.