I need some advice and help on this. my court date is June 26. I was charged with 142(1) turn not in saftey on March 11. I have asked for disclosure via postal mail in April and hand delivered on June 1st. I have not recieved disclosure. I filed a motion to change my court date and I need to attend the court on june 19. My question is, can I also file a section 7 using form 4F for non-disclosure at the same time ?
I need some advice and help on this.
my court date is June 26. I was charged with 142(1) turn not in saftey on March 11. I have asked for disclosure via postal mail in April and hand delivered on June 1st. I have not recieved disclosure.
I filed a motion to change my court date and I need to attend the court on june 19.
My question is, can I also file a section 7 using form 4F for non-disclosure at the same time ?
Form 4F needs to be filed 15 days before the trial date, it's already too late. You can go to court on that day, if the cop is there and the prosecutor wants to proceed with the trial you can tell the JP that you have not received disclosure, the JP should give you another trial date. don't forget to bring receipts of request for disclosure. If the cop is not there, don't take the plea bargain, just wait till you are called in front of the JP, if the prosecutor does not withdraw the charge, plead not guilty, he will then have to withdraw the charge or adjourn the trial because of cop no-show. I also want to comment that if you were to file form 4F, if it is denied and the cop is not there, the trial may be adjourned and you will have to return another day. Without filing form 4F and cop no-show you leave the door open for the trial to proceed on that day and get the charge withdrawn (at least an adjournment) on that day (only do this when you have not got your disclosure therefore you are guaranteed with an adjournment). So a bit of a gamble there. Anybody correct me if i am wrong on this.
blackdog wrote:
I need some advice and help on this.
my court date is June 26. I was charged with 142(1) turn not in saftey on March 11. I have asked for disclosure via postal mail in April and hand delivered on June 1st. I have not recieved disclosure.
I filed a motion to change my court date and I need to attend the court on june 19.
My question is, can I also file a section 7 using form 4F for non-disclosure at the same time ?
Form 4F needs to be filed 15 days before the trial date, it's already too late.
You can go to court on that day, if the cop is there and the prosecutor wants to proceed with the trial you can tell the JP that you have not received disclosure, the JP should give you another trial date. don't forget to bring receipts of request for disclosure.
If the cop is not there, don't take the plea bargain, just wait till you are called in front of the JP, if the prosecutor does not withdraw the charge, plead not guilty, he will then have to withdraw the charge or adjourn the trial because of cop no-show.
I also want to comment that if you were to file form 4F, if it is denied and the cop is not there, the trial may be adjourned and you will have to return another day.
Without filing form 4F and cop no-show you leave the door open for the trial to proceed on that day and get the charge withdrawn (at least an adjournment) on that day (only do this when you have not got your disclosure therefore you are guaranteed with an adjournment). So a bit of a gamble there. Anybody correct me if i am wrong on this.
How do you know if the cop is present (assuming you can't remember what he looks like)? Is the prosecutor required to tell you if the officer is present? Also, wouldn't you have to request an adjournment before arraignment (according to Ticketcombat's site)? So if you "play the game" and plead "not guilty" after arraignment, have you missed the opportunity to request an adjournment for lack of disclosure?
How do you know if the cop is present (assuming you can't remember what he looks like)? Is the prosecutor required to tell you if the officer is present?
Also, wouldn't you have to request an adjournment before arraignment (according to Ticketcombat's site)? So if you "play the game" and plead "not guilty" after arraignment, have you missed the opportunity to request an adjournment for lack of disclosure?
If the cop shows up, the prosecutor will tell you that he is there if you ask. If the cop is not there (yet), the prosecutor could say "he won't be here today" or "he may be late" if you ask. I would check the court docket first, if the cop's ID appears with many drivers names on the docket, i would guess he will show up. To ID him, you can ask other drivers waiting there, listen in to the prosecutor's conversation with cops as he's called by his ID#.(is it also his badge#?), ask the prosecutor, ask other cops, cop has stacks of PON in their hands.... The prosecutor or JP asks you if you are ready to proceed, if you want an adjournment, tell them. I guess you can still ask for an adjournment after arraignment if the circumstance gives rise to it. but anybody correct me if i am wrong.
If the cop shows up, the prosecutor will tell you that he is there if you ask.
If the cop is not there (yet), the prosecutor could say "he won't be here today" or "he may be late" if you ask.
I would check the court docket first, if the cop's ID appears with many drivers names on the docket, i would guess he will show up.
To ID him, you can ask other drivers waiting there, listen in to the prosecutor's conversation with cops as he's called by his ID#.(is it also his badge#?), ask the prosecutor, ask other cops, cop has stacks of PON in their hands....
The prosecutor or JP asks you if you are ready to proceed, if you want an adjournment, tell them. I guess you can still ask for an adjournment after arraignment if the circumstance gives rise to it. but anybody correct me if i am wrong.
Is your June 19 date your trial or just to hear the motion to change the trial date? If it's your trial date, then state you haven't received disclosure which means an adjournment. If it's not your trial date, then you have requested disclosure twice (in April and June) and can use form 4f to apply for a stay based on a s.7 violation for non-disclosure. You must file 20 days in advance of the trial date. When YOU ask for an adjournment the clock stops ticking. Why should you pay for their non-disclosure? Instead of asking for an adjournment, force an adjournment. Because they didn't give you disclosure, they must ask for an adjournment to provide you with the info. The clock keeps ticking and you are setup nicely for an 11b.
blackdog wrote:
I filed a motion to change my court date and I need to attend the court on june 19.
Is your June 19 date your trial or just to hear the motion to change the trial date? If it's your trial date, then state you haven't received disclosure which means an adjournment.
If it's not your trial date, then you have requested disclosure twice (in April and June) and can use form 4f to apply for a stay based on a s.7 violation for non-disclosure. You must file 20 days in advance of the trial date.
pch2004 wrote:
Also, wouldn't you have to request an adjournment before arraignment (according to Ticketcombat's site)? So if you "play the game" and plead "not guilty" after arraignment, have you missed the opportunity to request an adjournment for lack of disclosure?
When YOU ask for an adjournment the clock stops ticking. Why should you pay for their non-disclosure? Instead of asking for an adjournment, force an adjournment. Because they didn't give you disclosure, they must ask for an adjournment to provide you with the info. The clock keeps ticking and you are setup nicely for an 11b.
to clarify. The June 19 date is to request a new court date changed from June 26. I am expecting this will be granted - but dont know for a fact. I will not be in the country due to a last minute personal reason which I will state on June 19. however, I can be here on June 26 if I absolutley have to for reason I stated below... Ticketcomabat - please clarify this point for me. If I am requesting a court date change am I forcing an adjournament there by ruining my chances of filing 4f for non-disclsure???
to clarify. The June 19 date is to request a new court date changed from June 26. I am expecting this will be granted - but dont know for a fact. I will not be in the country due to a last minute personal reason which I will state on June 19. however, I can be here on June 26 if I absolutley have to for reason I stated below...
Ticketcomabat - please clarify this point for me. If I am requesting a court date change am I forcing an adjournament there by ruining my chances of filing 4f for non-disclsure???
Thanks liveontheedge and ticketcombat. Your knowledge is much appreciated. How do you force (as opposed to request) an adjournment? You are called and say "Your Worship, the prosecutor has failed to provide disclosure/adequate disclosure and therefore I am forcing an adjournment". I'm not being silly, I'm just wondering how to word it (assuming the prosecutor is ready to proceed, the cop is there, and the prosecutor won't willingly request an adjournment). Also, if the case is adjourned, how do you apply for costs? If you have to drive an hour to get to the court, do you charge by the km? Submit an invoice or receipts for gas?
Thanks liveontheedge and ticketcombat. Your knowledge is much appreciated.
How do you force (as opposed to request) an adjournment? You are called and say "Your Worship, the prosecutor has failed to provide disclosure/adequate disclosure and therefore I am forcing an adjournment". I'm not being silly, I'm just wondering how to word it (assuming the prosecutor is ready to proceed, the cop is there, and the prosecutor won't willingly request an adjournment).
Also, if the case is adjourned, how do you apply for costs? If you have to drive an hour to get to the court, do you charge by the km? Submit an invoice or receipts for gas?
Also, if the case is adjourned, how do you apply for costs? If you have to drive an hour to get to the court, do you charge by the km? Submit an invoice or receipts for gas
?
Um, no. Nice thought though....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Kind of. You are wrecking your chances for an 11b since you are causing the delay. You are also giving the prosecutor more time to complete disclosure. On the bright side, you will have more than 20 days time to file your stay application.
blackdog wrote:
Ticketcombat - please clarify this point for me. If I am requesting a court date change am I forcing an adjournment there by ruining my chances of filing 4f for non-disclosure???
Kind of. You are wrecking your chances for an 11b since you are causing the delay. You are also giving the prosecutor more time to complete disclosure.
On the bright side, you will have more than 20 days time to file your stay application.
It's better to have applied for a stay but you can verbally say (after the arraignment - "how do you plead?"), "I have requested disclosure and I not received any response. WE cannot proceed to trial without it." If the justice is a jerk he may ask you what do you want to do about it? Say that is a better question for the Crown. Charter breaches (i.e. no disclosure - s. 7) are one of the few grounds to award costs in criminal/POA courts. But you have to show that the Crown's actions were a considerable departure from their disclosure obligations. Just the fact you didn't get it (not enough time, no response from the officer, clerical error) is not good enough. You have to show they deliberately disregarded their duty. Here are some cases: R. v. Guiducci, 2005 CanLII 10 (ON S.C.) R. v. Foster, 2003 CanLII 26341 (ON S.C.) Manywounds Abrey
pch2004 wrote:
Thanks liveontheedge and ticketcombat. Your knowledge is much appreciated.
How do you force (as opposed to request) an adjournment? You are called and say "Your Worship, the prosecutor has failed to provide disclosure/adequate disclosure and therefore I am forcing an adjournment". I'm not being silly, I'm just wondering how to word it (assuming the prosecutor is ready to proceed, the cop is there, and the prosecutor won't willingly request an adjournment).
It's better to have applied for a stay but you can verbally say (after the arraignment - "how do you plead?"), "I have requested disclosure and I not received any response. WE cannot proceed to trial without it." If the justice is a jerk he may ask you what do you want to do about it? Say that is a better question for the Crown.
pch2004 wrote:
Also, if the case is adjourned, how do you apply for costs? If you have to drive an hour to get to the court, do you charge by the km? Submit an invoice or receipts for gas?
Charter breaches (i.e. no disclosure - s. 7) are one of the few grounds to award costs in criminal/POA courts. But you have to show that the Crown's actions were a considerable departure from their disclosure obligations. Just the fact you didn't get it (not enough time, no response from the officer, clerical error) is not good enough. You have to show they deliberately disregarded their duty. Here are some cases:
My first court date was in June and it was adjourned as the prosecutor had failed to give me full disclosure. The second court date is in August. I got a call from the prosecutor yesterday and he asked me to pick up the disclosure from his office. The first disclosure request form that I sent to him had my phone number on it but then I asked for more information and used the form from ticketcombat website and didn't put any phone number on that. I asked him to mail the disclosure but he refused that. He cannot prseume that I'll lie even if I get it in mail. His demand is unreasonable as I have to take a day off at work to pick up the disclosure. Now, it's plenty of time and the prosecutor can easily mail it. Can I go to court in August and say that I haven't got a disclosure as the prosecutor never mailed one even after my repeated requests. My plan is to pick up the disclosure at that time and ask for an an adjourment. Is it a good strategy or I could be forced with the trial that day as I failed in my duty to go in person and pick it up?
My first court date was in June and it was adjourned as the prosecutor had failed to give me full disclosure. The second court date is in August. I got a call from the prosecutor yesterday and he asked me to pick up the disclosure from his office.
The first disclosure request form that I sent to him had my phone number on it but then I asked for more information and used the form from ticketcombat website and didn't put any phone number on that.
I asked him to mail the disclosure but he refused that. He cannot prseume that I'll lie even if I get it in mail. His demand is unreasonable as I have to take a day off at work to pick up the disclosure. Now, it's plenty of time and the prosecutor can easily mail it.
Can I go to court in August and say that I haven't got a disclosure as the prosecutor never mailed one even after my repeated requests. My plan is to pick up the disclosure at that time and ask for an an adjourment. Is it a good strategy or I could be forced with the trial that day as I failed in my duty to go in person and pick it up?
I think the rule says that disclosure is not to be mailed. You must pick it up.
valhadi wrote:
...I asked him to mail the disclosure but he refused that. He cannot prseume that I'll lie even if I get it in mail. His demand is unreasonable as I have to take a day off at work to pick up the disclosure. Now, it's plenty of time and the prosecutor can easily mail it. .....
I think the rule says that disclosure is not to be mailed. You must pick it up.
That used to be the rule but I've noticed some jurisdictions will mail or fax disclosure out, while others refuse to. I asked the AG to clarify what the rule is since downloading court services to municipalities. I don't expect a response before the end of the decade!
That used to be the rule but I've noticed some jurisdictions will mail or fax disclosure out, while others refuse to. I asked the AG to clarify what the rule is since downloading court services to municipalities. I don't expect a response before the end of the decade!
I was successfull in moving my court date to September from Jun 26. I have already asked for disclosure twice and not recieved anything. When I go to court in Sep I'm hoping 1 of 2 things happens: 1. cop does not show and case is dismissed 2. cop shows - I cannot provide full defence due to non disclosure and hope JP dismisses or adjourns the case. While I was in court one women got an adjournament for non-disclosure motion eventhough she did not file a 4F. The JP did question her on why she waited so long to ask for disclosure. not sure of what she said but in the end she got a new court date.
I was successfull in moving my court date to September from Jun 26. I have already asked for disclosure twice and not recieved anything. When I go to court in Sep I'm hoping 1 of 2 things happens:
1. cop does not show and case is dismissed
2. cop shows - I cannot provide full defence due to non disclosure and hope JP dismisses or adjourns the case.
While I was in court one women got an adjournament for non-disclosure motion eventhough she did not file a 4F. The JP did question her on why she waited so long to ask for disclosure. not sure of what she said but in the end she got a new court date.
Quick question - While requesting a witness interview and witness criminal check, do I need to mention the reasons in a disclosure request to the prosecutor? OR I just need to provide the reasons to the Justice of Peace when the prosecutor doesn't provide the witness interview and criminal check.
Quick question -
While requesting a witness interview and witness criminal check, do I need to mention the reasons in a disclosure request to the prosecutor? OR I just need to provide the reasons to the Justice of Peace when the prosecutor doesn't provide the witness interview and criminal check.
I think it would be beneficial to you and me if you would create your own thread and ask these questions.
valhadi wrote:
Quick question -
While requesting a witness interview and witness criminal check, do I need to mention the reasons in a disclosure request to the prosecutor? OR I just need to provide the reasons to the Justice of Peace when the prosecutor doesn't provide the witness interview and criminal check.
I think it would be beneficial to you and me if you would create your own thread and ask these questions.
I agree, I did what ticketcombat and other sources recommended, to not put my number on the disclosure request. In court, the crown and I talked about the disclosure (how I did not receive any), and he agreed to adjourn my case. When I was called up the crown already asked the JP for an adjourment, the JP asked why and I mentioned I did not receive disclosure. The crown said disclosure was ready 2 weeks prior to the court date and I did not pick it up, I argued that my mailing address was on the disclosure request so why couldn't the crown atleast mail me a notice or letter asking for my address? JP didn't seem to budge, and said I was responsible for picking it up. In the end, my case was adjourned to a later date, I'm just not sure if it's to my advantage because the crown did announce to the JP and made a note that disclosure was ready 2 weeks in advance of my 1st court appearance.
liveontheedge wrote:
I think the rule says that disclosure is not to be mailed. You must pick it up.
I agree, I did what ticketcombat and other sources recommended, to not put my number on the disclosure request. In court, the crown and I talked about the disclosure (how I did not receive any), and he agreed to adjourn my case. When I was called up the crown already asked the JP for an adjourment, the JP asked why and I mentioned I did not receive disclosure. The crown said disclosure was ready 2 weeks prior to the court date and I did not pick it up, I argued that my mailing address was on the disclosure request so why couldn't the crown atleast mail me a notice or letter asking for my address? JP didn't seem to budge, and said I was responsible for picking it up.
In the end, my case was adjourned to a later date, I'm just not sure if it's to my advantage because the crown did announce to the JP and made a note that disclosure was ready 2 weeks in advance of my 1st court appearance.
my court date is approcahing - sep 3rd and am wondering how things will go down. 1. got into an accident in March 09 and recieved ticket for failing to signal..etc Accident was not my fault but got ticket anyway. 2. went to court to change the June 26 court date due to I could not make the date - changed to Sep 3rd 3. asked for disclosure in April via mail and hand delivered in June 4. court date is Sep 3rd and I have not recieved any disclosure I have not filed a 4f for non-disclosure in the hopes that the officer or the other party do not show and the whole thing is thrown out What can I expect when i go to court ?
my court date is approcahing - sep 3rd and am wondering how things will go down.
1. got into an accident in March 09 and recieved ticket for failing to signal..etc Accident was not my fault but got ticket anyway.
2. went to court to change the June 26 court date due to I could not make the date - changed to Sep 3rd
3. asked for disclosure in April via mail and hand delivered in June
4. court date is Sep 3rd and I have not recieved any disclosure
I have not filed a 4f for non-disclosure in the hopes that the officer or the other party do not show and the whole thing is thrown out
The Crown needs the cop and a witness to show up to testify that you failed to signal in order to have a chance of convicting you. The witness or the cop might not show up and you have not got disclosure so far, my take is that the Crown would withdraw the charge, however come prepared.
The Crown needs the cop and a witness to show up to testify that you failed to signal in order to have a chance of convicting you.
The witness or the cop might not show up and you have not got disclosure so far, my take is that the Crown would withdraw the charge, however come prepared.
thanks for that - could you tell me how much preperation should I do ? I mean I can tell exactly what happened during the accident. Is there anything else I need to bring with me or research before hand ?
liveontheedge wrote:
The Crown needs the cop and a witness to show up to testify that you failed to signal in order to have a chance of convicting you.
The witness or the cop might not show up and you have not got disclosure so far, my take is that the Crown would withdraw the charge, however come prepared.
thanks for that - could you tell me how much preperation should I do ? I mean I can tell exactly what happened during the accident. Is there anything else I need to bring with me or research before hand ?
One poster reported that there was no notification of disclosure being ready for him, and the JP didn't allow the 4F. So, go to the court again, see if they have the package ready and "forgot" to call you. Just in case.
One poster reported that there was no notification of disclosure being ready for him, and the JP didn't allow the 4F. So, go to the court again, see if they have the package ready and "forgot" to call you. Just in case.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
According to info you posted, you were in an accident and the cop came and gave you a ticket. I assume the cop did not see any of your not signaling and he issued the ticket based solely on hearsay of a witness. If you knew who is the cop's witness, then look for both of them before trial. Under this scenario, if either one of them is not there, don't take the plea bargain (don't say no just say you'll think about it and get back later), don't mention about disclosure you have not received, wait till you are called, the crown may withdraw the charge. If the Crown does not withdraw the charge then you have a choice of proceeding to trial without disclosure (taking advantage of no witness appeared for the cop, only you who knows the circumstances of your case to make this decision) or ask for or force an adjournment due to no disclosure. If you put your phone number on the disclosure request and you have not got the call from the Crown's office then I beleive it's the Crown's responsibilty to inform you for picking up the disclosure. If you did not have the phone number on the disclosure request, then prepare to answer the judge as to why you have not picked up the disclosure assuming the disclosure is ready. In any case, they might give you the disclosure at trial date and therefore the trial will be adjourned at whose fault depending on how good your argument is. The fault determination is to use in the 11b defence in the future.
According to info you posted, you were in an accident and the cop came and gave you a ticket. I assume the cop did not see any of your not signaling and he issued the ticket based solely on hearsay of a witness.
If you knew who is the cop's witness, then look for both of them before trial. Under this scenario, if either one of them is not there, don't take the plea bargain (don't say no just say you'll think about it and get back later), don't mention about disclosure you have not received, wait till you are called, the crown may withdraw the charge.
If the Crown does not withdraw the charge then you have a choice of proceeding to trial without disclosure (taking advantage of no witness appeared for the cop, only you who knows the circumstances of your case to make this decision) or ask for or force an adjournment due to no disclosure.
If you put your phone number on the disclosure request and you have not got the call from the Crown's office then I beleive it's the Crown's responsibilty to inform you for picking up the disclosure.
If you did not have the phone number on the disclosure request, then prepare to answer the judge as to why you have not picked up the disclosure assuming the disclosure is ready.
In any case, they might give you the disclosure at trial date and therefore the trial will be adjourned at whose fault depending on how good your argument is. The fault determination is to use in the 11b defence in the future.
had my day in court today. going into this without disclosure but requested twice 1. Crown tried to get me to take a lesser charge - I refussed 2. Cop and witness showed up 3. wnet to trial and I asked for a motion to stay the matter due to non disclosure. At first the judge seemed a little angry that I did not tell this to the crown. I stated that I honestly did not know. I asked for a stay the crown disagreed but the judge in the end granted me an adjournment! I was very polite in the courtroom and to the judge. Addressed her as ' your worship' and was always listening and polite. The idot crown guy had the disclosure with him when I signed in but he did not mention it to me. I now have the disclosure and I am noticing many errors by the cop.
had my day in court today.
going into this without disclosure but requested twice
1. Crown tried to get me to take a lesser charge - I refussed
2. Cop and witness showed up
3. wnet to trial and I asked for a motion to stay the matter due to non disclosure. At first the judge seemed a little angry that I did not tell this to the crown. I stated that I honestly did not know. I asked for a stay the crown disagreed but the judge in the end granted me an adjournment!
I was very polite in the courtroom and to the judge. Addressed her as '
your worship' and was always listening and polite.
The idot crown guy had the disclosure with him when I signed in but he did not mention it to me.
I now have the disclosure and I am noticing many errors by the cop.
My 3rd court date is end of October. managed to get 2 adjournments but I have a pretty good feeling that the cop and witness will show for the Oct trial. I have just recieved disclosure and found numerous errors on the accident report. The cop has mixed up V1 and V2 and is not consistent with the errors. Sometimes he has them correct on the accidnet report then down below where he explains further waht happens he has reversed them. He also has me going north when I was going south. His own notes appear to be correct however some of them I cannot read. How do I use the errors on the accident report to my advantage when this goes to trial ? also, should I recquest the notes be typed up before the 3rd court date ?
My 3rd court date is end of October. managed to get 2 adjournments but I have a pretty good feeling that the cop and witness will show for the Oct trial.
I have just recieved disclosure and found numerous errors on the accident report. The cop has mixed up V1 and V2 and is not consistent with the errors. Sometimes he has them correct on the accidnet report then down below where he explains further waht happens he has reversed them. He also has me going north when I was going south.
His own notes appear to be correct however some of them I cannot read.
How do I use the errors on the accident report to my advantage when this goes to trial ? also, should I recquest the notes be typed up before the 3rd court date ?
Make a huge list of questions, so that every question can be answered from either the notes or the accident report. Have him answer, and then draw attention to the incorrect version, if what he says on the stand is against you.
Make a huge list of questions, so that every question can be answered from either the notes or the accident report. Have him answer, and then draw attention to the incorrect version, if what he says on the stand is against you.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
The officers notes make more sense than the accident report. So I need to attack this using the accident report. On that report he has me on the wrong street and going the wrong speed and direction. However, his drawing on the accident report is correct. the boxes on the accident report state: v1 = me r1 = he has me on the wrong road v1 speed = he has me going 60km/hr - I was going less than 5 km/hr or stopped he states that v1 was making a left turn going northbound when infact I was making a rightturn going northbound. v2 = otherdiver r2 = he has other driver on the wrong road v2 speed = he has the other driver going 15km/hr, he was doing around 60. can you give me a sample dialogue from the above facts of how I should state the questions ? thank you
racer wrote:
Make a huge list of questions, so that every question can be answered from either the notes or the accident report. Have him answer, and then draw attention to the incorrect version, if what he says on the stand is against you.
The officers notes make more sense than the accident report. So I need to attack this using the accident report. On that report he has me on the wrong street and going the wrong speed and direction. However, his drawing on the accident report is correct.
the boxes on the accident report state:
v1 = me
r1 = he has me on the wrong road
v1 speed = he has me going 60km/hr - I was going less than 5 km/hr or stopped
he states that v1 was making a left turn going northbound when infact I was making a rightturn going northbound.
v2 = otherdiver
r2 = he has other driver on the wrong road
v2 speed = he has the other driver going 15km/hr, he was doing around 60.
can you give me a sample dialogue from the above facts of how I should state the questions ?
Just try to analyze what the accident report says that is wrong, make a question regarding each point you find, and ask the cop all of them in succession. The questions need to be your own. There are quite a few links pointed to actual recorded court proceedings here, you have to dig them up though. Canlii is an excellent source.
Just try to analyze what the accident report says that is wrong, make a question regarding each point you find, and ask the cop all of them in succession. The questions need to be your own. There are quite a few links pointed to actual recorded court proceedings here, you have to dig them up though. Canlii is an excellent source.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
THANK YOU very much for everyone who helped and advised on this and special thankyou to ticketcombat. My case went to trial despite the Prosecuters many attempts to have me plead guilty to lesser...blah blah.. case went to trial, half way in while the prosecuter was questioning the other driver she recommended to withdraw the charges..not able to proceed because of lack of evidence. I WON!!
THANK YOU very much for everyone who helped and advised on this and special thankyou to ticketcombat. My case went to trial despite the Prosecuters many attempts to have me plead guilty to lesser...blah blah..
case went to trial, half way in while the prosecuter was questioning the other driver she recommended to withdraw the charges..not able to proceed because of lack of evidence.
good for you.... having said that...the other driver is the "key witness" and if that driver can not bring thru enough evidence the case will be tossed regardlesss of police, as the officer was not there to witness the collision.
blackdog wrote:
case went to trial, half way in while the prosecuter was questioning the other driver she recommended to withdraw the charges..not able to proceed because of lack of evidence.
I WON!!
good for you....
having said that...the other driver is the "key witness" and if that driver can not bring thru enough evidence the case will be tossed regardlesss of police, as the officer was not there to witness the collision.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…