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Without filing form 4F and cop no-show you leave the door open for the trial to proceed on that day and get the charge withdrawn (at least an adjournment) on that day (only do this when you have not got your disclosure therefore you are guaranteed with an adjournment).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 so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.