So I went to trial today to contest my speeding ticket ready to argue improper disclosure by the prosecution but when I got there I saw the row of cops sitting down on the bench but didn't see mine. One of them asked who I was looking for I told them the cops name and they replied that he hadn't arrived yet. I then asked the prosecutor if I could speak to the cop but the prosecutor wouldn't let me. In court the prosecutor pulled me outside and told me that the cop had a death in the family. In court the prosecutor told the JP that one of the other cops had just informed him that the officer had a death in the family. I was completely unprepared for this and the only argument I could come up with on the spot was that I had suffered an economic penalty to come here. The JP replied that well we'd give you an adjournment if it happened to you. What I should have said was that I was the only person in the room who wasn't paid to be there so the penalty disproportionately affects me. I do find it fairly suspect that there actually was one. I kinda think maybe one of the other cops was covering for their buddy, but of course I can't prove it. I suppose at my next trial on the 22nd of October in Ottawa, that I could tell the officer that I'm sorry for their loss, and if they ask what I'm talking about I can remind them of their death in the family around July 29th. While it was never mentioned I suppose at the next trial I should argue that the delay should be attributed to the prosecution since it is prejudicial to my case. Does anyone have any experience with this situation and is there any case law or precedents regarding crown witness problems that would be helpful?
So I went to trial today to contest my speeding ticket ready to argue improper disclosure by the prosecution but when I got there I saw the row of cops sitting down on the bench but didn't see mine. One of them asked who I was looking for I told them the cops name and they replied that he hadn't arrived yet. I then asked the prosecutor if I could speak to the cop but the prosecutor wouldn't let me. In court the prosecutor pulled me outside and told me that the cop had a death in the family. In court the prosecutor told the JP that one of the other cops had just informed him that the officer had a death in the family. I was completely unprepared for this and the only argument I could come up with on the spot was that I had suffered an economic penalty to come here. The JP replied that well we'd give you an adjournment if it happened to you. What I should have said was that I was the only person in the room who wasn't paid to be there so the penalty disproportionately affects me.
I do find it fairly suspect that there actually was one. I kinda think maybe one of the other cops was covering for their buddy, but of course I can't prove it. I suppose at my next trial on the 22nd of October in Ottawa, that I could tell the officer that I'm sorry for their loss, and if they ask what I'm talking about I can remind them of their death in the family around July 29th. While it was never mentioned I suppose at the next trial I should argue that the delay should be attributed to the prosecution since it is prejudicial to my case. Does anyone have any experience with this situation and is there any case law or precedents regarding crown witness problems that would be helpful?
the new delay is without a doubt attributed to the crown; from the alleged offense to the new trial, is it longer than 11 months? if it is, you have an opportunity to use an 11b
the new delay is without a doubt attributed to the crown; from the alleged offense to the new trial, is it longer than 11 months? if it is, you have an opportunity to use an 11b
I can assure you that's not the case. Neither the police nor the Crown would put their career on the line and risk criminal charges simply to get an adjournment; especially for a speeding ticket.
polybomber wrote:
I do find it fairly suspect that there actually was one. I kinda think maybe one of the other cops was covering for their buddy, but of course I can't prove it.
I can assure you that's not the case. Neither the police nor the Crown would put their career on the line and risk criminal charges simply to get an adjournment; especially for a speeding ticket.
I find it despicable that you're trying to turn an officer's loss into an advantage for yourself after being caught for (probably) breaking the law. You're also questioning the entire reason for his absence solely BECAUSE he is an officer. If the JP or prosecutor were absent, you would not be attacking their credibility. How would you like it if you were in the same situation and the crown began asking you questions about a death in YOUR family? What if it was the officer's wife/child/brother, etc? You feel it's appropriate to bring personal matters like that into a dispute regarding a minor traffic ticket? Case in point: the officer wasn't available. The delay is upon the crown- there's your advantage. The system isn't perfect but at least a certain amount of compassion is extended to everybody fairly. Pull your head out, bro, and move on.
I find it despicable that you're trying to turn an officer's loss into an advantage for yourself after being caught for (probably) breaking the law.
You're also questioning the entire reason for his absence solely BECAUSE he is an officer. If the JP or prosecutor were absent, you would not be attacking their credibility.
How would you like it if you were in the same situation and the crown began asking you questions about a death in YOUR family? What if it was the officer's wife/child/brother, etc? You feel it's appropriate to bring personal matters like that into a dispute regarding a minor traffic ticket?
Case in point: the officer wasn't available. The delay is upon the crown- there's your advantage.
The system isn't perfect but at least a certain amount of compassion is extended to everybody fairly. Pull your head out, bro, and move on.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
First of all, I am not trying to turn the officer's loss into my advantage. My ticket went to trial remarkably quickly. I got it in March 2011 so to have the trial in July seems fast to me at least compared to Toronto. So even with this new delay I doubt I'll be able to file an 11b so I don't see how I gain from this. Frankly since I'm not a lawyer I have to spend quite a few hours preparing for trial each time before I go to court so any delay even a reasonable one such as a family member death causes me to spend more time and effort on this matter. This is why I feel that this sort of delay affects me more so than the other members of the system who are all paid to be there and can thus afford to be 'compassionate' since it doesn't personally affect them. I wold compare it to the difference between a salaried employee who's client doesn't show up for a meeting, and someone arranging dinner with a friend who lives an hour away and then has to drive all the way out and they're not there. Even if the friend's reason for cancelling is good which do you think is more frustrating? I have nothing against the police most of them are hard working fine individuals. I am suggesting that because this happened on a Monday on a very nice hot weekend perhaps the officer decided to take an extra day off. If it happened to me I would certainly be expected to provide some sort of proof but because some random officer among the bunch said it then no proof needed. Frankly I think that is open to abuse. While I'm inclined to believe Stanton that it wouldn't happen and that the crown and the officer wouldn't say it unless it was true, I'd feel much better about it if the officer had to provide proof like anyone else. Like I said before if it happened to me while I don't know what the procedure would be I'm sure I'd be expected to provide proof that a family member died and therefore the crown wouldn't need to ask questions about it. I'm certainly not interested in getting into the personal issues around what happened. All I wanted was proof that the death occurred, more than some officer's say so who wasn't under oath when he said it. I don't think that's unreasonable. I also don't think that the severity of the offense has any bearing on what evidence needs to be provided. Many of the prosecutors seemed to have the same attitude you do which is that well they don't need to provide disclosure because it costs money and the offense is so minor. I have a right to be tried fairly and that can't happen if the prosecution or the police are allowed to cut corners because 'Its only a minor offense so no big deal right?'. I don't think it would be unreasonable to provide a stay in the unlikely event a witness has a death in the family for minor offenses such as these. Its good to know though that the delay is at least on the crown for this so at least that helps make it fair(not that it will likely help me since 11 months from March is February and I doubt the trial will take that long.). On a somewhat unrelated note so far the crown has refused to provide any more disclosure. Would it be a good idea to explain to them why I want each additional piece of disclosure, or could that provide too much of my strategy? For example so far I have received a few pages on testing procedures from the manual but I have concerns that the gun the officer's notes indicated he used is different from what I remember him using. So having the complete manual would be helpful because I could question him on his knowledge of the gun that he said he used, or just generally see how experienced he seemed to be with it.
I find it despicable that you're trying to turn an officer's loss into an advantage for yourself after being caught for (probably) breaking the law.
First of all, I am not trying to turn the officer's loss into my advantage. My ticket went to trial remarkably quickly. I got it in March 2011 so to have the trial in July seems fast to me at least compared to Toronto. So even with this new delay I doubt I'll be able to file an 11b so I don't see how I gain from this. Frankly since I'm not a lawyer I have to spend quite a few hours preparing for trial each time before I go to court so any delay even a reasonable one such as a family member death causes me to spend more time and effort on this matter. This is why I feel that this sort of delay affects me more so than the other members of the system who are all paid to be there and can thus afford to be 'compassionate' since it doesn't personally affect them. I wold compare it to the difference between a salaried employee who's client doesn't show up for a meeting, and someone arranging dinner with a friend who lives an hour away and then has to drive all the way out and they're not there. Even if the friend's reason for cancelling is good which do you think is more frustrating?
You're also questioning the entire reason for his absence solely BECAUSE he is an officer. If the JP or prosecutor were absent, you would not be attacking their credibility.
I have nothing against the police most of them are hard working fine individuals. I am suggesting that because this happened on a Monday on a very nice hot weekend perhaps the officer decided to take an extra day off. If it happened to me I would certainly be expected to provide some sort of proof but because some random officer among the bunch said it then no proof needed. Frankly I think that is open to abuse. While I'm inclined to believe Stanton that it wouldn't happen and that the crown and the officer wouldn't say it unless it was true, I'd feel much better about it if the officer had to provide proof like anyone else.
How would you like it if you were in the same situation and the crown began asking you questions about a death in YOUR family? What if it was the officer's wife/child/brother, etc? You feel it's appropriate to bring personal matters like that into a dispute regarding a minor traffic ticket?
Like I said before if it happened to me while I don't know what the procedure would be I'm sure I'd be expected to provide proof that a family member died and therefore the crown wouldn't need to ask questions about it. I'm certainly not interested in getting into the personal issues around what happened. All I wanted was proof that the death occurred, more than some officer's say so who wasn't under oath when he said it. I don't think that's unreasonable. I also don't think that the severity of the offense has any bearing on what evidence needs to be provided. Many of the prosecutors seemed to have the same attitude you do which is that well they don't need to provide disclosure because it costs money and the offense is so minor. I have a right to be tried fairly and that can't happen if the prosecution or the police are allowed to cut corners because 'Its only a minor offense so no big deal right?'. I don't think it would be unreasonable to provide a stay in the unlikely event a witness has a death in the family for minor offenses such as these.
Its good to know though that the delay is at least on the crown for this so at least that helps make it fair(not that it will likely help me since 11 months from March is February and I doubt the trial will take that long.). On a somewhat unrelated note so far the crown has refused to provide any more disclosure. Would it be a good idea to explain to them why I want each additional piece of disclosure, or could that provide too much of my strategy? For example so far I have received a few pages on testing procedures from the manual but I have concerns that the gun the officer's notes indicated he used is different from what I remember him using. So having the complete manual would be helpful because I could question him on his knowledge of the gun that he said he used, or just generally see how experienced he seemed to be with it.
You're not going to get a copy of the manual as part of dislosure, nor training records of the officer. The most you'll get is a copy of the tesing procedure for the radar that was used. Some jurisdictions will allow you to view the manual and you can make notes at that time. If you insist on getting all of the disclosure you are asking for, you actually do have to explain why you want it as that could become part of your argument in court.
You're not going to get a copy of the manual as part of dislosure, nor training records of the officer. The most you'll get is a copy of the tesing procedure for the radar that was used. Some jurisdictions will allow you to view the manual and you can make notes at that time.
If you insist on getting all of the disclosure you are asking for, you actually do have to explain why you want it as that could become part of your argument in court.
I think the delay in this case because of why the officer couldn't be there could be considered neutral delay and not necessarily attributable to the crown.
I think the delay in this case because of why the officer couldn't be there could be considered neutral delay and not necessarily attributable to the crown.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
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…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
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 on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…