No disclosure received. What to expect in the court?

Pesikotz
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No disclosure received. What to expect in the court?

by: Pesikotz on
Thu Dec 27, 2012 11:52 am

Hello guys,
Almost a year ago I got my first ticket ever (for speeding 70 in 50 zone). There were many cars pulled over and several 'busy-bee' policemen writing off tickets. The policeman that stopped me was quite polite and didn't reduce my ticket as they sometimes do. I was stressed a little bit as I had received one more ticket for not having the insurance on me (I had an old one, updated was left at home).
So I was told I can easily fight the second (insurance) ticket just presenting existing insurance in the Court. So I believe, it will not be a problem (I hope so).

My main concern is the speeding ticket. First of all I'm not sure I was driving over 50, for sure it was not 70 at all! I didn't ask for radar reading and didn't mention anything to the officer. So I decided to go to the Court to fight both tickets. I also asked for a translator.

So I have sent three (3!) requests of disclosure by fax (June, August and early December) and haven't received a reply yet. The Court date is in a week! Could you please suggest me what I can expect and what are my options?
I would appreciate any info.




bend
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by: bend on
Thu Dec 27, 2012 2:01 pm

Pesikotz wrote:So I have sent three (3!) requests of disclosure by fax (June, August and early December) and haven't received a reply yet.
My first response before reading your thread was to make sure you've sent it more than once. Bring your fax sheets showing the number, the date, and that it was sent successfully.

Be prepared for excuses and on the spot fixes. I've been offered a copy of disclosure to go over right before my trial. You have to be firm in letting the court know it's not acceptable and you will not go to trial based on receiving disclosure 5 minutes beforehand. They will probably make a copy of the disclosure there and ask to reschedule your trial. Again, you have to make your point clear that the other side has chosen to ignore your multiple requests and waste the time of all individuals involved in the trial. Make it a point that you will not waste another work day simply for no other reason than they decided to ignore your request on multiple occasions. They might even say something like you asked for too much and couldn't fulfill your request. They still sent you nothing, not even a reply. Hammer the point that you've been fighting this ticket for a year and you want to move on with your life. You've done everything asked of you, but the prosecutor is pushing the date for no good reason.

If you don't say anything, they'll just reschedule your court date and it was all for nothing.


Pesikotz
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by: Pesikotz on
Thu Dec 27, 2012 2:17 pm

Moose wrote:You may wish to read my post here: topic4450.html
Thanks a lot. At least I know what to expect now.
bend wrote:If you don't say anything, they'll just reschedule your court date and it was all for nothing.
Bend, thank you for such a detailed reply. I totally agree with you on the point that I have to defend myself and I will.
It's been almost 12 months now since I got the ticket. Should I mention something about this in case if the Crown goes for rescheduling? I haven't submitted 11b form yet, but I guess, I can, correct? Do I need to say something about that?

And the most important thing right now. I just realised that the disclosure documents are usually not sent by mail, but defendant should pick it up from the Court. Is it so?
How can I be sure that I hadn't miss a call from them? Should I go to the Court just today or tomorrow and ask about it?


G35Dalf
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by: G35Dalf on
Sun Dec 30, 2012 12:13 pm

bend wrote:And the most important thing right now. I just realised that the disclosure documents are usually not sent by mail, but defendant should pick it up from the Court. Is it so?
How can I be sure that I hadn't miss a call from them? Should I go to the Court just today or tomorrow and ask about it?
1. Disclosure by picking it up at the court is not necessarily so. What if the court were 1,000 km away?
In the the past, I have requested disclosure and received everything via mail. It took a while and I had to keep following up but it came.

2. A phone call from them is unlikely. How could they prove they called? You can rightfully claim you never received a phone message and that's where the communication ended. Certified mail is proof the disclosure was sent and received. Emails can be submitted as they can be traced through email servers and gateways, if required.

From that, I would follow what others have suggested above. GL.


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