119 in 90 zone, advice please

shenzy
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119 in 90 zone, advice please

by: shenzy on
Thu Feb 18, 2016 4:41 pm

Hi guys,

I need help on my ticket.

Background:
I received a ticket for driving on 119 in a 90 zone on Sep 29 2015, in Kitchener, I chose trial (of course, otherwise I won't be here :) ). I received a notice for court (Mar 23rd 2016) on Nov 17 2015, so basically a little bit less than 6 months after the ticket. I was traveling out of province in Nov so I managed to send a request for disclosure on Dec 15, that still gave them enough time to prepare the disclosure. I called them on January 12 but I didn't have a record in writing. I didn't receive anything so I sent a fax (I kept the fax confirmation page) to them on Feb 11. I still didn't have anything as of today.

Questions:
1. It says on the trial notice that the prosecution office does not mail disclosures. But I didn't receive any phone calls, either. Although I didn't write my number on the request for disclosure (per advice on the ticketcombat.com), but I did write down my number on the trial option form. Does that mean I can't argue that they didn't mail me the disclosure?
2. If I go to court on Mar 23rd, will the prosecutor argue that it's all my fault for not giving my phone number on the request for disclosure?
3. If I apply for stay the proceedings, is there a sample factum that someone can share? Writing is not my strength because English is not my native language.
4. If the stay application was rejected, will the justice adjourn the trial so the disclosure can be delivered?
5. What are the chances that the officer does not show on the second court date if justice adjourn the trial based on #4.

Thanks everyone!


argyll
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by: argyll on
Thu Feb 18, 2016 4:50 pm

You are sending two documents to two different offices. The Crown won't have your phone number from the election form so will be able to say they couldn't contact you.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


shenzy
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by: shenzy on
Thu Feb 18, 2016 5:02 pm

Thanks argyll. So my only chance is to go to the court and pray: officer doesn't show, or the justice agreed the adjournment?

Does it worth my time and effort to prepare the stay application?

Thanks.


argyll
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by: argyll on
Thu Feb 18, 2016 5:21 pm

I think you need to obtain disclosure so you can see the evidence against you. But you have to play your part in getting that. They are clear that they don't mail it and you have failed to provide them with the required phone number.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


jsherk
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by: jsherk on
Thu Feb 18, 2016 5:26 pm

The courts have decided that it is YOUR responsibility to chase the prosecutor down to get the disclosure. You should call them every month to see if it's ready for you to pick up. The courts will not care that you did not give them any contact info as they will say you should have called to check on it.

If they still don't have it ready within a few weeks of the trial, then you could argue at the trial date that you did not have enough time to prepare and would like the trial date postponed, and usually the JP will set a new date for you. If they do not have it ready at all even at the trial, then even if you filed for a "stay for lack of disclosure", the JP most likely will not grant it and will just set a new date and tell the prosecutor to get it for you. Usually a stay for lack of disclosure will never work at the first trial date. If they still have not got it for you be the second trial date though, then a stay might work but it would be very rare that they did not get after ordered to do so.

With the OPP there is close to a 0% chance that the officer will not show up because they schedule all the trial dates based on the officers work schedule. Not sure if they do that with any municipal departments or not. Relying on the officer not showing is of course possible, but very very unlikely.
+++ This is not legal advice, only my opinion +++


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