I was pulled over due to a supposed speed measuring device warning. I allowed the officer to search the vehicle and he found nothing. He still however issue me a citation for said offense believing I was hiding it. I was traveling in a grouping of cars including Alberta plates. Only I was stopped. How do I fight this offense....
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705johnny1980
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- Joined: Sun Jul 22, 2012 9:19 pm
Radar detector offense
I was pulled over due to a supposed speed measuring device warning. I allowed the officer to search the vehicle and he found nothing. He still however issue me a citation for said offense believing I was hiding it. I was traveling in a grouping of cars including Alberta plates. Only I was stopped. How do I fight this offense....
Re: Radar detector offense
I think without the device actually being found, it would be very hard for you to be convicted. I'd request disclosure and see what the actual evidence against you is.
I think without the device actually being found, it would be very hard for you to be convicted. I'd request disclosure and see what the actual evidence against you is.
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705johnny1980
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- Joined: Sun Jul 22, 2012 9:19 pm
Re: Radar detector offense
Since this just happened when do they have to hand over any disclosure?
Since this just happened when do they have to hand over any disclosure?
Re: Radar detector offense
They don't simply "hand over" disclosure. Choose option 3 on the ticket and when you get a notice of trial, request it from the prosecutor. See the section on Ontario Traffic ticket help articles.
They don't simply "hand over" disclosure. Choose option 3 on the ticket and when you get a notice of trial, request it from the prosecutor. See the section on Ontario Traffic ticket help articles.
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705johnny1980
- Newbie
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- Joined: Sun Jul 22, 2012 9:19 pm
Re: Radar detector offense
Thanks for the information
Thanks for the information
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flightless37
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Re: Radar detector offense
Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?
Decatur wrote:
They don't simply "hand over" disclosure. Choose option 3 on the ticket and when you get a notice of trial, request it from the prosecutor. See the section on Ontario Traffic ticket help articles.
Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?
Re: Radar detector offense
There's no use for disclosure at a resolution meeting. A resolution meeting is not a trial. They wont hear your arguments against the charge. They will offer you a deal and you will either decide to take it or not. The moment you start defending the charge is the moment they will end the meeting. Either you are there to plead guilty one way or another or you need a trial. You can request disclosure once you get your notice of trial. If you decide a full blown trial is not in your interested, they will offer you a similar deal on that day again anyways.
flightless37 wrote:
Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?
There's no use for disclosure at a resolution meeting. A resolution meeting is not a trial. They wont hear your arguments against the charge. They will offer you a deal and you will either decide to take it or not. The moment you start defending the charge is the moment they will end the meeting. Either you are there to plead guilty one way or another or you need a trial.
You can request disclosure once you get your notice of trial. If you decide a full blown trial is not in your interested, they will offer you a similar deal on that day again anyways.
Re: Radar detector offense
The options on the back of tickets varies from one jurisdiction to the next. Make sure that option 2 is for an "Early Resolution" meeting with the Crown. The option 2 that takes you before a Justice of the Peace is simply a guilty plea with the hope for a reduced fine.
flightless37 wrote:
Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?
The options on the back of tickets varies from one jurisdiction to the next. Make sure that option 2 is for an "Early Resolution" meeting with the Crown. The option 2 that takes you before a Justice of the Peace is simply a guilty plea with the hope for a reduced fine.
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