Disclosure requests (detail question)
When filing for disclosure, the Ontario form has nowhere for me to list the items I want disclosed. For speeding, offhand, I think I would want at least relevant Lidar information, typed officer's notes, and perhaps on occasion any specific rules or bylaws, such as those effecting a Community Safety Zone.
What am I entitled to, if there's no room on the forms to be specific? What are the Crown's obligations.?
Thank you. This is my first visit to the site and it has lots!
Re: Disclosure requests (detail question)
The form is designed so you can't ask for what you want and really need! So don't use it. Type your own disclosure request letter.
Ticketcombat.com has an excellent letter that you can edit for your own use. See here: http://ticketcombat.com/step4/disclosurehow.php
In speeding cases, you are entitled to the radar manual. Case law supports this.
Re: Disclosure requests (detail question)
Thanks. Makes sense.
But if one asks for disclosure using the form, and they don't hand over what you are truly entitled to in order to conduct an adequate defence, are you able to state in court what you shouldn have, and did not, receive? And would that carry any kind of legal weight.
Re: Disclosure requests (detail question)
no, you are only entitled to what you ask for. Most folks don't even ask for disclosure period!
Re: Disclosure requests (detail question)
Thanks!
Re: Disclosure requests (detail question)
we don't type out notes for serious criminal cases, highly unlikely for any hta matter....unless the notes are literally chicken scratch
Re: Disclosure requests (detail question)
neo333 wrote:
no, you are only entitled to what you ask for.
This is an important point. If you don't specifically ask for something, the Crown is not going to give it to you. The other thing is, the material has to be relevant and have a reasonable possibility of assisting the defence. Officer's notes, the radar manual, by-laws and things like that count as relevant. Asking for extraneous and irrelevant stuff only makes it harder to get a stay if the Crown does not provide the important things.
I know this is essentially a glorified parking ticket but there are principles here. I'd really appreciate some input into this one.
Westbound Lakeshore at York under the Expressway at 3 PM though from the dark photo you would think it was 3 AM.
Even though in all photos the light is clearly red.…
I just received a parking ticket for parking outside of the space, to me that is crazy because I was parked in the corner of the lot, was not blocking anyone or a through way, so I thought there is no harm. I've seen people park there all day and not get a ticket.
I can hardly read the ticket, can…
www.cbc.ca/beta/news/canada/â¦lice-radar-testing-1.3415927
They are going to have problems with outstanding radar tickets and hopefully will switch to LIDAR.
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im…
I was hoping to receive some advice on the unfortunate situation that I currently find myself in.
Last night, at 7pm, I was at an intersection waiting for the oncoming traffic to clear so that I could turn left. I thought that I was waiting at the intersection behind only one other vehicle (a van)…
Hey,
So i received my first speeding ticket...officer claimed I was doing 73 km/hr in a 50 zone. He did reduce it to 63 - should fight it? The ticket did not mention a cross road. Its just states N.B on Caledonia. I don't believe d points are affected but I'm worried about insurance.
Do I have a case…
Hello everyone,
Exactly a week ago today, I was caught going 135 in an 80, on Highway 3 near Windsor, Ontario. I know this is just completely idiotic and there hasn't been a minute since I was charged that I haven't been smacking myself for this. I'm very, very remorseful and just overall torn about…
I was making a left turn, didn't have headlights on and was putting on my seatbelt at a time. Really stupid thing to do, was very stressed out and just feel dumb about it. What am I facing, and what impact will it have on my insurance? On ticket it just says Careless driving, there are no details..
Late Saturday afternoon, December 1st, I entered the Shops at Don Mills with my vehicle and drove due East as I needed to make a quick deposit in the TD Bank. I made a left hand turn onto the side street and on the right side where I parked, there is a condo under construction with all the usual…
Hi, I just received a notice in the mail with pictures of my car going through a red light. Ticket is in my husband's name, as he is the car owner, but I drive this car. I'm guilty as can be... can't remember doing it, but apparently went right through intersection after light turned red. I…
