Hello there everyone. Received a ticket in August and immediately filed for a court date. It took them 8 weeks to provide me with that court date, December 5th, of this year. I immediately filed for disclosure on Oct 25. Received No response. I then filed a second application for disclosure on November 20th, and phoned the prosecutors office to inquire about the disclosure. I followed up on November 21st, with another phone call and finally received a call back. The lady told me they did not have the officer's notes at that time, but they were requested. On November 26th, funny enough, I received a response to my INITIAL request for disclosure. It consisted of my disclosure request, offence notice front and back, and driving abstract. On the disclosure package in hand writing it stated that it was emailed on October 29th, yet the processing stamp on it says Nov 26th... Since I still had not received the officer's notes from his day book, I made a third request on Nov 26th. Requesting the officer's notes from his day book, like I did the first two times, and the make, model, and serial number of any mechanical speed measuring device, along with certification, and repair history. On Nov 27th, I received and email from the prosecutors office stating that the information had already been sent. I replied to that email by suggesting that many of the items are still outstanding and are required in order for me to make a full answer to the charge. Later in the afternoon on Nov 27th, I received an additional disclosure package, which consisted of my third disclosure request (on which was hand written that the speed was assessed by pacing so all my requests regarding speed measuring devices both radar and mechanical are not relevant and that the officer's notes have been requested (but not supplied)), a note to the defendant stating they will amend the offence notice if the evidence suggests a different speed. So here's what this is leading too. My trial date is 1 week away. I have been very diligent in requesting disclosure, very specific, and very timely. Would the fact that they have failed to provide the officer's notes (which obviously exist) be grounds for dismissal, seeing as how full disclosure has not been provided? Also, given the fact that it took the prosecutors office soooo long to reply to my disclosure requests, and at this point, one week before the trial, I do not have the time to file a charter motion, what would be the best course of action to follow on the day of the trial? Ask for an adjournment to file a stay of proceedings? When the court asks how I plead should I say I cannot plead at this time because I am not able to make answer to the charge against me? Should I make a motion to stay the proceedings right there and then based on non-disclosure? Should I mention to the crown that I still have not received disclosure at this time? Any help would be greatly appreciated. Thank you in advance.
Hello there everyone.
Received a ticket in August and immediately filed for a court date. It took them 8 weeks to provide me with that court date, December 5th, of this year.
I immediately filed for disclosure on Oct 25. Received No response.
I then filed a second application for disclosure on November 20th, and phoned the prosecutors office to inquire about the disclosure.
I followed up on November 21st, with another phone call and finally received a call back. The lady told me they did not have the officer's notes at that time, but they were requested.
On November 26th, funny enough, I received a response to my INITIAL request for disclosure. It consisted of my disclosure request, offence notice front and back, and driving abstract. On the disclosure package in hand writing it stated that it was emailed on October 29th, yet the processing stamp on it says Nov 26th...
Since I still had not received the officer's notes from his day book, I made a third request on Nov 26th. Requesting the officer's notes from his day book, like I did the first two times, and the make, model, and serial number of any mechanical speed measuring device, along with certification, and repair history.
On Nov 27th, I received and email from the prosecutors office stating that the information had already been sent. I replied to that email by suggesting that many of the items are still outstanding and are required in order for me to make a full answer to the charge. Later in the afternoon on Nov 27th, I received an additional disclosure package, which consisted of my third disclosure request (on which was hand written that the speed was assessed by pacing so all my requests regarding speed measuring devices both radar and mechanical are not relevant and that the officer's notes have been requested (but not supplied)), a note to the defendant stating they will amend the offence notice if the evidence suggests a different speed.
So here's what this is leading too.
My trial date is 1 week away. I have been very diligent in requesting disclosure, very specific, and very timely. Would the fact that they have failed to provide the officer's notes (which obviously exist) be grounds for dismissal, seeing as how full disclosure has not been provided?
Also, given the fact that it took the prosecutors office soooo long to reply to my disclosure requests, and at this point, one week before the trial, I do not have the time to file a charter motion, what would be the best course of action to follow on the day of the trial? Ask for an adjournment to file a stay of proceedings? When the court asks how I plead should I say I cannot plead at this time because I am not able to make answer to the charge against me? Should I make a motion to stay the proceedings right there and then based on non-disclosure? Should I mention to the crown that I still have not received disclosure at this time?
I received this dreaded document by mail today. While I had crossed the red light a second after it turned, that was because a bus ahead was completely blocking my vision of the traffic lights. However, I have a few questions:
1) If I select option 2, and go for a trial pleading guilty, can they charge me personally for admitting to the error and give me demerit points?
I got a ticket for not having the validation sticker on the back of my vehicle registration. Although my registration was valid!
I did a transfer of ownership and transferred plates over so I was given a new registration. After I got the ticket, I went into a Service Ontario. I was told that the officer should have been looking at the front to see the date of my permit expiry not the…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even more) and many other places but I still have some specific questions and some general ones I didnt…
Hi everyone - I recently received a handheld device ticket and I'm going to the prosecutor tomorrow.
Event:
Before starting the car I had punched in an address of a place I wanted to swing by before heading home. This was at night, the conditions were not great (wet roads, cold, but not snowing much). When I started driving, maps voice command wasn't clear and I also saw a text rushing me home…
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…
I have chosen option #3 on my tickets, yes two!! From the same stop. #1 speeding - 115km in an 80km $270.00, #2 expired validation sticker $110.00
I was driving on hwy #62 in Prince Edward County, had just pulled on to the hwy from County Road #1, driving north towards Belleville. I accelerated to hwy speed, actually 90km on the posted 80km hwy. After about a kilometer I passed a vehicle, my…
Okay I cannot find this but I believe that the officer meant to put HTA 154 (1)(a)
My ticket has the above info and it was for Fail to obey lane sign.
It was rush hour and there were two lanes all the way down until the right lane must turn right....well in congested traffic how could I get in even with my signals on no one would let me in so I saw an opening just prior to the right turn so I…
So I was convicted of proceeding green before red light and I want to appeal it because I am completely not guilty. I entered the intersection when my light was green. When I tried to turn left some cars started sooner (or maybe the timing of the light was having an issue). The other cars horned and the officer who was on foot pooled me over and he taught I pass the red light. He did not see my…
Hi, I need some help with my situation. In Nov this year i was making a left turn at an intersection close to home. I approached the intersection on a green light and being the first car in line entered the intersection. I waited till the light turned amber and then waited a few seconds more and after establishing that oncoming traffic had sufficient time to stop i proceeded to turn left. Thats…
I received a ticket for disobeying a stop sign. I don't drive along this street very often and there has been a lot of construction going on in the area along with the building of a new school. I had just left my son's school so I was very diligent in making sure I was obeying the speed limit. When I raised my head from my dashboard I saw out of the corner of my eye a NEW stop sign that was…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next step is to file for disclosure. How would I go about doing that?
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
looking for an official call on right turn onto a double lane road . If I'm at a four lane intersection , the lane across has an advance green to turn left , can I turn right into the second lane . The drivers across are suppose to stay in the leftmost lane which should allow me to merge into the rightmost lane . However most drivers swing across both lanes into the rightmost lane . Do I have to…
My car was stopped at stop light (red light), I picked my phone and got a ticket 78.1(1).
Office said you can't text or call while driving, but I was waiting at red light, he suggested that by law the moment I touch the road there is no difference if I am driving or waiting at red light.
I got 490 CAD fine.... Which is much more than my daily salary so for sure I won't hesitate to take leave and…
My daughter has been charged with careless driving, and I would say that the case involves "momentary inattention". There was an accident, a rear end collision, with under $1000 of damage to both cars combined. She has obtained disclosure, and has an appointment with a prosecutor for early resolution in a few weeks.
I am interested in getting a professional opinion regarding what her…
I missed my early resolution meeting, I mixed the timings. My meeting was at 10:30 AM, somehow I had the calendar set to 12:30 PM and eventually realized I had the wrong timing. This was for a traffic ticket with 6 points
Is there a way the justice of peace would consider the re-appeal ? Should I hire a lawyer at this point for the re-appeal ?
Havent paid any fees yet and still have time to do so. Because of my work there is an absolute need to use the car for at least another month plus I'm getting my G license test in 2 weeks..anyway to delay the suspension? Thanks!
I lost 2 points two years ago for unsafe right turn and now 4 points for speeding, totaled 6 points. Which I SHOULD be called to an interview to explain my situation and…