Not yet got the disclosure

SidinBram
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Not yet got the disclosure

by: SidinBram on
Mon Mar 05, 2012 8:38 pm

My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure is ready for pick up. What now? Your input is most valued.
Thanks


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by: Radar Identified on
Tue Mar 06, 2012 8:58 pm

If he hasn't received disclosure by the day of trial, he should notify the JP that he made an application for disclosure, but didn't get it. Bring proof that he made an attempt to get it. They should then adjourn to a later date. If your son made a reasonable attempt to obtain disclosure (sounds like he did make it early), then they should charge the delay to the Prosecutor. If they try to make you take a short delay to review the evidence, object and say that there is not enough time to adequately review it to make full answer and defence.

How did the officer determine he failed to yield? The way you wrote it, it sounds like he was turning into the driveway and someone slammed into his rear end because either they were going too fast, following too closely or not paying attention. Is that what happened? Or was he exiting the driveway onto a road?
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SidinBram
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by: SidinBram on
Tue Mar 06, 2012 9:48 pm

Well, he was returning home with his lil sister when he had already turned halfway into the driveway, paused at driveway for a moment - about 5 seconds (as there were 2 cars already parked - driveway can park 4 cars) and then turned his wheel slighty and moving forward when the other vehicle hit the edge of the trunk like a swipe. The other vehicle driver got injured and must have told the officer that my son was backing out before being taken away by ambulance. This happened right in front of a school and the speed zone is 40. Also one of my friends was visiting me and he was outside having a smoke when this accident happened and is one of the witness along with my daughter. The officer told my son (and i was there) that although he doesn't want to charge him, Ministry rules say that he must charge someone for it and he believes my son should get the ticket. Could it be that officer didn't make any notes so there is no disclosure available yet? The insurance police report showed just a diagram of two boxes- car A hitting car B. My son made the request for disclosure on the same day he went to court to fight this ticket (which was within the 15 days) and they gave him the court date for trial.




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by: Simon Borys on
Wed Mar 07, 2012 12:52 am

SidinBram wrote:The officer told my son (and i was there) that although he doesn't want to charge him, Ministry rules say that he must charge someone for it and he believes my son should get the ticket.
Read this: http://www.simonborys.ca/2011/02/does-a ... -a-ticket/

Also is probably not the case that the delay is due to the officer not having written their notes yet. Officers write their notes at the time of the incident or shortly after.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.




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by: Radar Identified on
Wed Mar 07, 2012 9:09 pm

SidinBram wrote:The officer told my son (and i was there) that although he doesn't want to charge him, Ministry rules say that he must charge someone for it and he believes my son should get the ticket.
Well, as Simon says, that's wrong...

Make sure all of the witnesses you have are present for court. The other driver should have been charged with Careless Driving, IMO.
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SidinBram
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by: SidinBram on
Mon Mar 12, 2012 3:15 pm

We - son, witnesses and myself go to court this morning. Son asked prosecutor for disclosure and prosecutor went through papers and didn`t have any.
Waited for police officer to show up - expecting officer might have notes. Officer does`nt show up and Crown withdraws charge.
Where can I get the disclosure, as the insurance wanted to see them. Its costing me an arm and a leg in increased insurance since this accident.
My son takes my car twice a week to school nearby and it would be cheaper to afford a limousine instead!
Thanks you all for your comments and help.


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by: Stanton on
Mon Mar 12, 2012 4:42 pm

If the charge has been withdrawn you won't receive disclosure. You'll have to file a freedom of information request through the police service instead. There's usually a fee associated with this so I'd have the insurance company look after it if they want the info.


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by: Radar Identified on
Mon Mar 12, 2012 11:36 pm

Congrats on the charge being withdrawn. The issue with insurance isn't so much disclosure of the evidence, but the rules they use to determine who is at fault. Since the original police report states that your son was backing up (at least that's what I'd assume), they're going to continue relying upon that. They use Fault Determination Rules to determine "who is at fault," and not Highway Traffic Act infractions per se. I'm not sure exactly how to dispute it, given that the only person who said your son was reversing was the driver who hit him (well, no surprise)... but perhaps contacting the Financial Services Commission of Ontario would be a starting point. They oversee the insurance industry in Ontario.

www.fsco.gov.on.ca
* 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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