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.
Hello,
I received this dreaded document by mail today. While I had crossed the red light a second after it turned, that was because a bus ahead was completely blocking my vision of the traffic lights. However, I have a few questions:
1) If I select option 2, and go for a trial pleading guilty, can they charge me personally for admitting to the error and give me demerit points?
2) If I choose option…
Hi everyone!
I got a ticket for not having the validation sticker on the back of my vehicle registration. Although my registration was valid!
I did a transfer of ownership and transferred plates over so I was given a new registration. After I got the ticket, I went into a Service Ontario. I was told that the officer should have been looking at the front to see the date of my permit expiry not the…
Got this ticket on March 6.
Location: Waterloo (King St North)
Offence: Pedestrian Fail to use Crosswalk
Contrary to: Highway Traffic Act, Sect. 144 (22)
Set fine: $35.00, total payable $50.00
I have a drivers license and I showed it to him, so it's recorded on the ticket.
I already chose to contest, I have an early resolution meeting notice for June 17.
I wasn't actually at a crosswalk, I was about…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even more) and many other places but I still have some specific questions and some general ones I didnt…
Hi everyone - I recently received a handheld device ticket and I'm going to the prosecutor tomorrow.
Event:
Before starting the car I had punched in an address of a place I wanted to swing by before heading home. This was at night, the conditions were not great (wet roads, cold, but not snowing much). When I started driving, maps voice command wasn't clear and I also saw a text rushing me home…
Hello,
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
I have chosen option #3 on my tickets, yes two!! From the same stop. #1 speeding - 115km in an 80km $270.00, #2 expired validation sticker $110.00
I was driving on hwy #62 in Prince Edward County, had just pulled on to the hwy from County Road #1, driving north towards Belleville. I accelerated to hwy speed, actually 90km on the posted 80km hwy. After about a kilometer I passed a vehicle, my…
Okay I cannot find this but I believe that the officer meant to put HTA 154 (1)(a)
My ticket has the above info and it was for Fail to obey lane sign.
It was rush hour and there were two lanes all the way down until the right lane must turn right....well in congested traffic how could I get in even with my signals on no one would let me in so I saw an opening just prior to the right turn so I…
So I was convicted of proceeding green before red light and I want to appeal it because I am completely not guilty. I entered the intersection when my light was green. When I tried to turn left some cars started sooner (or maybe the timing of the light was having an issue). The other cars horned and the officer who was on foot pooled me over and he taught I pass the red light. He did not see my…
about time some sanity came about with regard to this farce
nice to see a JP that actually understands the laws they're paid to uphold
www2.macleans.ca/2009/04/30/fast-and-furious/#more-3125
Fast and furious
Do street racing laws actually violate the Charter of Rights?
If nothing else, Ontarios new "street racing" law has made for some amusing police blotter. There was that heavy-footed firefighter…
I was stopped by an officer who was driving toward me, turned around, pulled me over and gave me a ticket for 49 km over limit.
1. Is this speed method accurate ?
2. The ticket states my car year is 2009, is that the expiry on plate?
My car is a 2006 model. If it is actual year of car can this mistake throw out the ticket?
3. I did not sign anything, has that gone by the wayside with new tickets?
Thank…
Yahoo reports here that police might start ticketing Charlotte residents who wait for their Tim Horton's drive-thru on the city roads. Your opinions?
Hi, I need some help with my situation. In Nov this year i was making a left turn at an intersection close to home. I approached the intersection on a green light and being the first car in line entered the intersection. I waited till the light turned amber and then waited a few seconds more and after establishing that oncoming traffic had sufficient time to stop i proceeded to turn left. Thats…
I received a ticket for disobeying a stop sign. I don't drive along this street very often and there has been a lot of construction going on in the area along with the building of a new school. I had just left my son's school so I was very diligent in making sure I was obeying the speed limit. When I raised my head from my dashboard I saw out of the corner of my eye a NEW stop sign that was…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next step is to file for disclosure. How would I go about doing that?
Also where the sign is that prohibits…
I was reading the other topic in this fourm.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hi, I recently got a speeding ticket for 50$ for driving 65 in a 50 zone.
I was originally at 72, but the officer dropped it too 65 with no demerit points.
I was driving in the left lane which was coming to a left only lane, and I wanted to switch into the right lane.
However, it was rush hour and there was a line up behind my car and a line behind the car beside me, so I sped up to switch into the…
Hi All
Hoping someone can give me some advice:
My wife got a ticket for speeding 2012/02/28 - Charge: 75 KM/H in a 60 KM/H zone.
(Officer alleges 83KM in a 60KM, but wrote ticket for a lower amount.)
Never received a notice of trial, then got a conviction letter in October 2012.
Went to the court in Newmarket to get it reopened, and there was no JP available. They tried to send us away, but we…
I have noticed that a lot people like to flick their headlights.
I tend to drive in the right lane and follow the posted speed.
Well tonight:
1/ I am doing over the posted 60 in the slow lane.
She starts flashing her high beams. Her problem is that I used 5 car lengths as my safety
gauge.
2/ Again in slow lane.(401)
east salom to brock I am driving at 110.
The same 5 car lengths (this trucker gives…
looking for an official call on right turn onto a double lane road . If I'm at a four lane intersection , the lane across has an advance green to turn left , can I turn right into the second lane . The drivers across are suppose to stay in the leftmost lane which should allow me to merge into the rightmost lane . However most drivers swing across both lanes into the rightmost lane . Do I have to…
My car was stopped at stop light (red light), I picked my phone and got a ticket 78.1(1).
Office said you can't text or call while driving, but I was waiting at red light, he suggested that by law the moment I touch the road there is no difference if I am driving or waiting at red light.
I got 490 CAD fine.... Which is much more than my daily salary so for sure I won't hesitate to take leave and…
Hello,
My daughter has been charged with careless driving, and I would say that the case involves "momentary inattention". There was an accident, a rear end collision, with under $1000 of damage to both cars combined. She has obtained disclosure, and has an appointment with a prosecutor for early resolution in a few weeks.
I am interested in getting a professional opinion regarding what her…
Hi Forum members
Wish some members can help my dilemma?
I missed my early resolution meeting, I mixed the timings. My meeting was at 10:30 AM, somehow I had the calendar set to 12:30 PM and eventually realized I had the wrong timing. This was for a traffic ticket with 6 points
Is there a way the justice of peace would consider the re-appeal ? Should I hire a lawyer at this point for the re-appeal ?
Th…
Havent paid any fees yet and still have time to do so. Because of my work there is an absolute need to use the car for at least another month plus I'm getting my G license test in 2 weeks..anyway to delay the suspension? Thanks!
I lost 2 points two years ago for unsafe right turn and now 4 points for speeding, totaled 6 points. Which I SHOULD be called to an interview to explain my situation and…
1. The offence number is 4860xxxxxxxA;
2. The date of the alleged offence is 2009/12/14;
3. The date set for trial is 2010/11/05;
4. The date the defendant requested complete disclosure is 2010/07/12;
5. The defendant received incomplete disclosure 2010/08/18;
6. The date the defendant requested complete disclosure is 2010/08/19;
7. The defendant did not receive disclosure until trial date 2010/11/05;
8.…
