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Speeding - Requested Trial, Disclosure has yet to come
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PostPosted: Mon Jul 05, 2010 12:51 pm 
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Joined: Mon Jul 05, 2010 12:43 pm
Posts: 6
Hey all, this site is awesome. Along with Ticket Combat, I may even have a chance! We'll see...

I got a 109 in an 80 (4 lane divided hwy 6 coming off 403). No reduction (which can be a good thing by the looks of it..).

I requested a trial immediately.

- Ticket on May 9th
- Received trial date on June 2nd for July 27th (only 8 weeks)
- Sent request for disclosure June 3rd. I still haven't received any communication
- Sent second request for disclosure July 5th, but my trial is in 22 days.

Should I motion for a stay of proceedings?

How likely are Hamilton cops to show up to trial? I'm assuming he will show.

Any advice here would be awesome... I think I might ask the prosecutor if she's willing to swap the charge to a more expensive municipal infraction (like handicapped parking ticket, etc). Thoughts?

Thanks!


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PostPosted: Mon Jul 05, 2010 11:59 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
How did you send the disclosure request (fax, registered mail...)?

If you have proof of the two requests, you can try to file for a stay, but I'm not really sure it will work. At the very least, it should result in an adjournment so that the material can be received. It may also just spook the Prosecutor into offering a better deal. What did you ask for in disclosure?

As for Hamilton... the officer will be more likely to show than not, Toronto generally has the lowest "rate of attendance," so to speak, and it's about 50-50. So I'd imagine it would be at least a 60% chance the officer will show up in Hamilton.

Swapping to a more expensive municipal charge may work, but I guess it depends on what the Prosecutor is thinking, and how you approach the situation. It might work, but I don't really know for sure.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Tue Jul 06, 2010 11:38 am 
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Joined: Mon Jul 05, 2010 12:43 pm
Posts: 6
Thanks for the reply.

The first request was by fax (I should have mailed it). The second request I sent yesterday, with express registered mail (so I can prove it was delivered). In each request I asked for:

o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of such statements.


I might motion for a stay, expect an adjournment, and see what happens. I appreciate the response!


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PostPosted: Tue Jul 06, 2010 5:54 pm 
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Joined: Mon Jul 05, 2010 12:43 pm
Posts: 6
Well, the disclosure came today. They mailed me everything, including pages from the manual. Doesn't look like I stand a chance of getting off, so I'm hoping to plead guilty to a lesser charge.

This site has been invaluable! Thanks everybody :)


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