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?
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
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I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
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hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
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Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
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Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
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I'm wondering if anyone could enlighten me on what to do about the following scenario:
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alright well to get started ive developed a passion for longboarding
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iwhats going to happen and what do i do?
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