I was charged with going 129 in a posted 80 km zone.
My understanding is that the fee associated with tis charge is $4.50 per km x 29 = $130.5.
On my ticket the set fine reads: $108.75 and total Payable : $138.75.
Is this correct?
I know this could have been a strategy if this is incorrect by not showing up or trial, however, I already filed my request or a trial.
Also, I notice the Provincial Offences Brief they sent to me in my Disclosure package has the wrong offence date. The correct offence day is the 13th and they wrote the 15th on these notes. Can this be used as an defense?
Also, how do you determine jurisdiction in Ontario? I was charged for speeding on a particular highway but it doesnt read where on the highway and the highway is very long. I believe I was not in the ward they claim, how do I determine this?
One more request: my trial is on Oct 5, 2012 and I have not received complete disclosure, can I request a adjournment or continuance without attending court today? I am sending my second disclosure request today because I was not provided with legible notes (as I requested) and I was not given the proper manual information for the radar device.
Thank you in advance,
The "brief" is not a charging document and the wrong date will not affect the charge.
The original ticket will have had the location on it. 123 A Street, Town of ????? or City of ???? etc.
As for disclosure issues, you can always request an adjournment, whether you get one will be up to the JP. Type written notes are not normally given out during initial disclosure, only if they can't be read or there are shortforms used needing translation. The only part of the radar manual that is normally released is the section on setup and testing. If you requested the complete manual, the prosecutor will probably not give it to you and you'll have to argue in court to have it disclosed.
I realize the brief is not the charging document, however, can I use this error to question the validity and accuracy of the officers notes? I am thinking about finding more errors or conflicting information and bundle them together to put in question the officers evidence and raise a reasonable doubt in the judges mind.
On the ticket is read ONLY Highway 123, XXX Ward, XXXX County. It does not say were on the highway the offense occurred - is this something I can use for my benefit?
As far as disclosure , I requested the officers notes, and I requested that they be typed if illegible. Well, I got the notes and I cannot read them at all, they are chicken scratch in my opinion.
I requested the manual and all I got was one page of the Test procedure - Gennises II - 9.1 Operators-Requesting Self Test and 9.2 Road Test.
Its my gues that there is more information regarding the test that I require to defend myself.
I am going to request an adounrment, but at what stage do I do so? It is my understanding that I request an adjournemt after I determine if the officer is there or not, otherwise I will request the charge dismissed because the cop is a no show.
On another note: I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is neccassary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Judge: ok, lets adjourn
Me: Your honour, again I request the charges be dropped because the officer is not here and I showed up and he did not.
Prosecutor: We are not dismissing and that all there is to it.
Me: Why would we adjourn the trial if the officer did not respect the court and show up today?
Prosecutor: Because the cop is sick today
Me: How do you know he is sick today?
Prosecutor: he is sick and that is all there is to it!!
Me: Did you talk to the officer today and he told you he is sick?
Prosecutor: Thats enough of this!
Judge: Ok, we are adjourning the trial to .......
So, I knew the prosecutor was lying and that he never spoke to the officer and has no idea why the officer was not at trial. I called the Police department and they told me that the officer was not working today because he was on vacation.
I wanted to have the prosecutor charged for lying to the court but I was scared. This was close to one year ago but I want to know now if he can get in trouble for lying so that my speeding charge would not get dropped? THe traffic court in my area is 99% guilty, corrupt, and only their buddies get victories.