Hi everyone, I recieved a speeding ticket in a very rural area. I live in the GTA and the ticket was recieved 700 km away between Sault Ste Marie and Blind River. The area is not clear as it is farmland and townships. Speeding was 30 km over. I overtook a car and then came to a downhill slope..car was still speeding and cop clocked me on the slope. I filed for a trial date in Nov. 2012. I recieved my trial date 6 weeks prior to my trial. Trial is on April 11. I filed for disclosure as soon as I recieved my trial date in the mail and still have not recieved a response. I am so confused on what i can do. Theres no ticket agent there. I cannot travel to my trial either. I feel the trial date was a short notice. I was thinking of sending my father in law in but he doesnt have an idea of how to proceed or anything like that. Can someone please assist me? Any advice is very much appreciated. Thanks for your time.

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Out of town trial, no disclosure, trial April 11?

by: Bil22 on

17 Replies

Stanton
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Re: Out of town trial, no disclosure, trial April 11?

I cant see there being any requirement for the Crown to resend disclosure directly to you. Your father was acting as your representative and accepted the disclosure when provided. Regardless of your initial request, the Courts will likely consider disclosure being provided to your representative as sufficient.

Bil22 wrote:

Now..can I request for disclosure via mail again because its not his job to send me the documents..? The prosecutor seemed clever enough to give disclosure at the trial..can i send a request again via mail since thats what i initially requested?

I cant see there being any requirement for the Crown to resend disclosure directly to you. Your father was acting as your representative and accepted the disclosure when provided. Regardless of your initial request, the Courts will likely consider disclosure being provided to your representative as sufficient.

bend
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Re: Out of town trial, no disclosure, trial April 11?

Definitely not. If he's not good enough to pick up the disclosure, he's not good enough to represent you. Therefore, your trial should have continued as usual and you should have been found guilty for no showing. I suggest you prepare to defend yourself and not rely on this tactic for your next trial.

Bil22 wrote:

Now..can I request for disclosure via mail again because its not his job to send me the documents..?

Definitely not. If he's not good enough to pick up the disclosure, he's not good enough to represent you. Therefore, your trial should have continued as usual and you should have been found guilty for no showing. I suggest you prepare to defend yourself and not rely on this tactic for your next trial.

daggx
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Re: Out of town trial, no disclosure, trial April 11?

I agree with the others the court will consider giving the disclosure to your representative sufficient. Have your Father in Law send it down to you and lets see what is in it. Once you know what evidence they have, you can start building a proper defense.

I agree with the others the court will consider giving the disclosure to your representative sufficient. Have your Father in Law send it down to you and lets see what is in it. Once you know what evidence they have, you can start building a proper defense.

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