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Ontario Highway Traffic Act

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Over 24 at 60 Limit at Steel/Islington Toronto
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PostPosted: Wed Jul 01, 2009 7:17 pm 
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Joined: Wed Jul 01, 2009 6:43 pm
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Hi there,

I got my 1st traffice ticket Over 24 at 60 Limit at Steel/Islington Toronto on July 2008. I pleaded not guilty and they gave me date on end of July 2009 due to high volume of tickets in Toronto.

My Question is how much are the chances on cop showing up?

If cop shows up how much speed limit will be reduced from 24km/h by pleading guilty and negociation with prosecutor(correct me if i am wrong).
(Is he gonna reduced to 14km exactly?)


all advises and experiences shared in reply will be greatly appreciated.

RS


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PostPosted: Thu Jul 02, 2009 3:35 pm 
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Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
If the cop shows up, then you can take the pea bargain from the Crown who probably offers you 15 over or less which carries no point and less fine.

Alternatively you can fight the ticket with disclosure request and stay application for s11b and s7 charter of right.


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PostPosted: Thu Jul 02, 2009 3:49 pm 
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Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
It might be a tad late, but, as a standard practice, you need to file a disclosure. You might be able to make a point to extend the court date due to the fact that you only found out about the disclosure today, and have the court date rescheduled. File for it, www.ticketcombat.com has an excellent sample disclosure request form. This is the cop's evidence against you.

Chances of cop not showing up are 50-50. If s/he shows up, your chances are next to nil. Having the disclosure argument gives you the 2-nd chance to show up for trial without penalty.

Also consider contacting paralegal. You can do so via the form at the bottom of the page.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Wed Aug 12, 2009 10:08 am 
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Joined: Fri Jul 24, 2009 3:39 pm
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Location: Toronto, ON
This may be too late, but for anyone else whose reading. I mailed my disclosure request via registered mail to the Crown 5 weeks before my trial, and my disclosure was ready 2 weeks before the trial. The Crown will not make any attempt in notifying you of this if you do not have a contact number on it. You have to pick it up yourself.

When my case was called up, I argued that if the crown had my mailing address on my disclosure request why couldn't they mail me a notice or letter asking for my phone number? the JP wans't on my side and said I am responsible for picking it up.. which I find pretty dumb if I have no way of finding out when it's ready (labour strike resulted in phones being transferred to automated system)


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PostPosted: Thu Aug 13, 2009 8:57 am 
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Location: Stratford, Ontario
Um.. I just received my Disclosure in the mail after offering no phone number on my registered mailing or backup fax.


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PostPosted: Thu Aug 13, 2009 3:38 pm 
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Joined: Fri Jul 24, 2009 3:39 pm
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Location: Toronto, ON
Bookm wrote:
Um.. I just received my Disclosure in the mail after offering no phone number on my registered mailing or backup fax.


I got a lazy prosecutor than :p

If you get disclosure in the mail, great. If you don't and show up in court letting the crown know you haven't received it, he can just give it to you right before court. Argue there is not enough time to prepare your defense and adjourn your case to a later date. I tried to point out that the prosecution did not make any effort in notifying me that disclosure was ready, but the JP said I was still responsible.. which I find pretty stupid.. seeing there was no way for me to contact the office.


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