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!
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!
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.
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.
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.
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.
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.
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.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I received a ticket today for not having a muffler on my car. The muffler was starting to fall off 2 days ago so i took it off so it wouldnt break off and damage someone else's vehicle. the same day i ordered a new muffler on ebay. and now today i got a ticket for not having a muffler. the cop said…
I wrote this article in response to another post regarding an on-duty police fficer involved in an MVC a a result of what appears to be some boneheadedness on his behalf...but it's a good talking point...so I've reposted it here to get other perspectives...
Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of…
Hi. I have been researching the law when it comes to introducing evidence to court. I have requested disclosure and am making a Charter challenge on the grounds that incomplete disclosure. In my research, I have discovered a book on radar use in North America, it is essentially the radar bible.…
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
Hi - I was looking for some advise for the above speeding ticket I got this afternoon. I was travelling in Newmarket on Davis drive making a left hand turn onto Bathurst. The office pulled me over for failing to stop on the yellow light. I told her I did not feel I could stop safetly, as it was…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket,…
Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions).
Background:
My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been…