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42 reduced to 32. Can they up it and when? Help!
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PostPosted: Fri Oct 12, 2012 1:05 am 

Joined: Fri Oct 12, 2012 12:16 am
Posts: 11
Hey Everyone,

Appreciate your help.
I was caught going 42 over. The ticket was reduced by the officer to 32 over. Of course disclosure wasn't provided. During the first court session(about 5 months following offence), the prosecutor argued that it was my fault that disclosure wasn't provided and wanted me to read the officers notes there and then. The judge disagreed and adjourned the trial, but she said it was my fault I didnt want the trial to go on. Hence any 11b motion, she would not grant(He said this even though I did not mention anything about a 11b motion, which shows clear evidence of bias!)

I actually contemplated applying for a "writ of prohibition" essentially excluding this judge from presiding in my case during the upcoming second session(it's a rural area so few judges), but in the end did not due to time pressures and the need to work and not drive to court over and over again. Here is more about it if you want to know for yourselves:
http://www3.quicklaw.com/cgi-bin/LNC-pr ... ?DOCNO=937

Of course, these actions also raise the possibility of an appeal, I feel. However, due to this being my first infraction even with an insurance raise(I checked the amount and its not much), I will likely not proceed with an appeal. In fact, I kinda just want to get this over with but at a reduction. Also, as the first session took like 1 hour of legal wrangling including a 11d charter challenge, I feel that the cost of transcripts which is not refunded on victory would be huge and not worth it.
I feel the prosecutor being the way he is will not grant me a reduction to 29 over which would significantly reduce my fine and I would likely accept. In fact he indicated, at the end of the first session, he would be seeking to raise my charge back to 42 over next time.

My questions are as follows:

1)Can this be done even if I plead guilty at the start of the second session? The Winlow case clearly states this can occur after the trial. Here it is: http://www.canlii.org/en/on/onca/doc/20 ... ca643.html
But what about before a trial ie when defendant pleading guilty. I really feel the prosecutor and judge want blood as I was the only one asking for disclosure out of 40 defendants who all pled guilty, so I need to prepare. If yes, I have nothing to lose and might as well fight all the way. If no, maybe plead guilty.

2) What about just paying the fine before the second session as listed on ticketcombat option 6. http://www.ticketcombat.com/step1/step1.php
I've never heard this done. Is this possible and would make the session go away? Or am I considered to be "in trial" due to all the motions at session one.

3) If I miss the session and then decide to reopen it(I may have very strong work/family reasons then), will the charge be the original 32 or can they again up it to 42? Essentially this is a variation of question 1 with the possibility of reopening if I so choose which is albeit slim. I am aware of the $10 charge for not showing. In this question, I want to prepare for the eventuality of the reopening not working and its better to be stuck with a fine for 32 over than 42 over, so I want to know can they up it. If they can, likely this is not a good option.

Please respond if you are relatively certain. I am a veteran at fighting tickets for family and friends, but never had to do so for myself and never will again. I've learned my lesson. And I would prefer a reduction to 29 over, but have to prep for all eventualities, so please help. Thank you very much.


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