Hello. Am new to the forum and looking for some help please. I have done some reading and read through this post - http://www.ontariohighwaytrafficact.com/topic2952.html I believe I should be filling an 11B. Here are scans of my tickets and my questions please. Background info - I had stopped at a red light to turn right. I checked and turned right. next thing I knew was a cop on my tail and I pulled over. He came to my window, asked who else was in car and I said no one. He then asked "what the hell is wrong with you"? I said, "sorry"? He went on to say that I had cut him off and made an improper turn at the red light. I stared to say that I did look and there was no one coming down the hill... He got pissed out and said "stop arguing with me and give me your dl and insurance". He went to his car and came back 20 minutes later with 2 tickets!! I think he was speeding down the hill and was pissed that I apparently cut him off or slowed him down. It was 8 am and he was probably ending his shift. The offence was in July 28th 2010 and I received a court date of Aug 26th 2011. I have never received any tickets before. 1. Once I file the 11B, I assume I still have to attend trial and my case will hopefully be thrown out? 2. Do I need to request for disclosure? What should I do? *scans edited out* by HTA Moderator HB - remove officers badge number if going to scan - those were notices of trial, NOT the "tickets"
Hello. Am new to the forum and looking for some help please.
I believe I should be filling an 11B. Here are scans of my tickets and my questions please.
Background info - I had stopped at a red light to turn right. I checked and turned right. next thing I knew was a cop on my tail and I pulled over. He came to my window, asked who else was in car and I said no one. He then asked "what the hell is wrong with you"? I said, "sorry"? He went on to say that I had cut him off and made an improper turn at the red light. I stared to say that I did look and there was no one coming down the hill... He got pissed out and said "stop arguing with me and give me your dl and insurance". He went to his car and came back 20 minutes later with 2 tickets!!
I think he was speeding down the hill and was pissed that I apparently cut him off or slowed him down. It was 8 am and he was probably ending his shift.
The offence was in July 28th 2010 and I received a court date of Aug 26th 2011. I have never received any tickets before.
1. Once I file the 11B, I assume I still have to attend trial and my case will hopefully be thrown out?
1. Yes you will need to attend trial. Yes, file the 11B. Please follow the steps that diehard and I created and it should help you out. Alternatively, you could seek a paralegal to do this for you. 2. Yes, request disclosure.
1. Yes you will need to attend trial. Yes, file the 11B. Please follow the steps that diehard and I created and it should help you out. Alternatively, you could seek a paralegal to do this for you.
2. Yes, request disclosure.
* 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
Thank you. Yes, I have read through the steps for the 11B and will do that. What is the procedure for requesting disclosure?
Radar Identified wrote:
1. Yes you will need to attend trial. Yes, file the 11B. Please follow the steps that diehard and I created and it should help you out. Alternatively, you could seek a paralegal to do this for you.
2. Yes, request disclosure.
Thank you.
Yes, I have read through the steps for the 11B and will do that.
Read through some of the posts on filing an 11B. A few questions: 1. Where do I get the blank forms that I need? 2. Can this be filed via fax only - http://ticketcombat.com/step4/howtofile_harder.php? If fax is not the best method to file, please can you point me to where I can get a copy of the forms I need to fill and hand deliver / serve? Thanks!
I would suggest faxes for the Attorneys-General but not for the Prosecutor's office nor the court. (In fact, the court cannot be served by fax.) First two posts on this thread include links where you can get forms that you need, making the necessary editing changes to fit your case: http://www.ontariohighwaytrafficact.com/topic2952.html
I would suggest faxes for the Attorneys-General but not for the Prosecutor's office nor the court. (In fact, the court cannot be served by fax.)
First two posts on this thread include links where you can get forms that you need, making the necessary editing changes to fit your case:
* 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
do not request diclosure earlier than 4 weeks before trial, because you might actually get it. but 4 weeks is just enough for the prosecution to give you the disclosure. 14 days prior fill out the for 4f 11b (faxing is just fine) but argue in the court the post delay first. then the disclosure. always keep some extra forms, the prosecution is known to ""lose"" the forms that are important. i had an officer give me a 2 tickets for unsafe lane change, just because he was pissed off. it went so far as the appeal, i won the appeal. because it is two same tickets. so the judge believed it was unfair to give me two same tickets, a charge of passion?! and then at a trial an officer did not show up. i would've argued a charge of passion as one of the arguments at the trial, maybe wouldn't worked for dismissing it but definately worth hearing. something like, inadequate decision by an officer which arises the question if this is fair at all. etc.
do not request diclosure earlier than 4 weeks before trial, because you might actually get it. but 4 weeks is just enough for the prosecution to give you the disclosure. 14 days prior fill out the for 4f 11b (faxing is just fine) but argue in the court the post delay first. then the disclosure. always keep some extra forms, the prosecution is known to ""lose"" the forms that are important.
i had an officer give me a 2 tickets for unsafe lane change, just because he was pissed off. it went so far as the appeal, i won the appeal. because it is two same tickets. so the judge believed it was unfair to give me two same tickets, a charge of passion?! and then at a trial an officer did not show up. i would've argued a charge of passion as one of the arguments at the trial, maybe wouldn't worked for dismissing it but definately worth hearing. something like, inadequate decision by an officer which arises the question if this is fair at all. etc.
Disagree. Toronto requires 6-8 weeks minimum. If you do not request it before then, the JP will state that your disclosure request was not given to them with sufficient time, and will not stay the charge due to lack of disclosure. If you are going to make the argument that the Prosecutor failed in their duty to disclose evidence, you must show that you made every reasonable attempt to get it. One attempt is not sufficient. You need to show that the Prosecutors, either wilfully or negligently, failed to meet their obligations.
Ivan wrote:
do not request diclosure earlier than 4 weeks before trial, because you might actually get it. but 4 weeks is just enough for the prosecution to give you the disclosure.
Disagree.
Toronto requires 6-8 weeks minimum. If you do not request it before then, the JP will state that your disclosure request was not given to them with sufficient time, and will not stay the charge due to lack of disclosure. If you are going to make the argument that the Prosecutor failed in their duty to disclose evidence, you must show that you made every reasonable attempt to get it. One attempt is not sufficient. You need to show that the Prosecutors, either wilfully or negligently, failed to meet their obligations.
* 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
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