Hi folks, I have my trial coming up this week for speeding (85 in a 60km/h zone in Ontario) and need to get an adjournment. What can I tell the justice of the peace to qualify for an adjournment? Please note that I put in a request for full disclosure (radar device manufacturing date, tuning forks' calibration certificate, officer's training certificate in addition to the his notes that were already provided to me) and the prosecutor didn't reply. I served the attorneys general of Ontario and Canada and informed them of my intention of putting in a pretrial motion for a stay. In case if they don't grant me a stay, what can I say to get an adjournment? Thanks for your help, Pietro
Hi folks,
I have my trial coming up this week for speeding (85 in a 60km/h zone in Ontario) and need to get an adjournment. What can I tell the justice of the peace to qualify for an adjournment? Please note that I put in a request for full disclosure (radar device manufacturing date, tuning forks' calibration certificate, officer's training certificate in addition to the his notes that were already provided to me) and the prosecutor didn't reply. I served the attorneys general of Ontario and Canada and informed them of my intention of putting in a pretrial motion for a stay. In case if they don't grant me a stay, what can I say to get an adjournment?
You will likely not be able to get a stay. You will likely be given an adjournment if the prosecutor has failed to provide you with disclosure. The adjournment will give the prosecutor time to provide you with the disclosure and for you to review it to formulate a proper defence. Have you followed up with the prosecutor since your initial disclosure request? Did you provide a phone number on your disclosure request? Did you keep a record of you serving the disclosure request (i.e. fax receipt, registered mail) as well as a record of you serving the attorneys general?
You will likely not be able to get a stay. You will likely be given an adjournment if the prosecutor has failed to provide you with disclosure. The adjournment will give the prosecutor time to provide you with the disclosure and for you to review it to formulate a proper defence.
Have you followed up with the prosecutor since your initial disclosure request? Did you provide a phone number on your disclosure request? Did you keep a record of you serving the disclosure request (i.e. fax receipt, registered mail) as well as a record of you serving the attorneys general?
Except for the officers notes, you won't get any of those disclosure items from the prosecutor. The only thing else you will get would be a copy of the device testing instructions.
Except for the officers notes, you won't get any of those disclosure items from the prosecutor. The only thing else you will get would be a copy of the device testing instructions.
As of January 2017, apparently they do not even need to give you a copy of the testing instructions anymore: http://www.ontariohighwaytrafficact.com/post43705.html
As of January 2017, apparently they do not even need to give you a copy of the testing instructions anymore:
Generally disclosure will not be sent to you. It is your responsibility to pick up the disclosure package from the Prosecutors Office. If you have not already done so, you may wish to contact the Prosecutor's Office to see if your disclosure package has already been prepared and is simply waiting for you to pick it up. If not, you will want to ensure that your disclosure request was properly served (ie. correct email address or fax number) and make a second request.
Pietro wrote:
Hi folks,
I have my trial coming up this week for speeding (85 in a 60km/h zone in Ontario) and need to get an adjournment. What can I tell the justice of the peace to qualify for an adjournment? Please note that I put in a request for full disclosure (radar device manufacturing date, tuning forks' calibration certificate, officer's training certificate in addition to the his notes that were already provided to me) and the prosecutor didn't reply. I served the attorneys general of Ontario and Canada and informed them of my intention of putting in a pretrial motion for a stay. In case if they don't grant me a stay, what can I say to get an adjournment?
Thanks for your help,
Pietro
Generally disclosure will not be sent to you. It is your responsibility to pick up the disclosure package from the Prosecutors Office. If you have not already done so, you may wish to contact the Prosecutor's Office to see if your disclosure package has already been prepared and is simply waiting for you to pick it up. If not, you will want to ensure that your disclosure request was properly served (ie. correct email address or fax number) and make a second request.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
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