Speeding ticket: Chose option 2 (early resolution) Need help

JohnathanD
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Speeding ticket: Chose option 2 (early resolution) Need help

by: JohnathanD on
Mon Nov 17, 2014 4:57 pm

First off thank you for opening this post with intent to help me its deeply appreciated.

I chose option 2 early resolution and submitted the ticket to the court and have yet to receive a letter in the mail about the meeting date with the prosecutor.

I want to request disclosure by registered mail, and I would like to have the disclosure documents be submitted to me before the meeting with the prosecutor. Is this a valid acceptable thing to do or can disclosure only be requested if you chose option 3.

What if I requested it by registered mail and I don't receive it by the meeting date? Any insight or advice how I should go about this all is greatly appreciated. Thank you.


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by: iFly55 on
Mon Nov 17, 2014 5:43 pm

Depending on the jurisdiction, registered mail may not be an option. Ex: City of Toronto requires you to include a phone # or e-mail so that you pick up disclosure in person.

You can certainly include the resolution meeting date in your disclosure request. The crown requires 6-8 weeks to process disclosure requests. If you don't receive it by the time you have your resolution meeting, you can choose to go to trial or plea-bargain with the crown.

Generally, information in the disclosure is somewhat irrelevant w/o the officer present. It's his handwriting and notes, and a lot of the time the crown may not be able to decipher the officer's writing.


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by: JohnathanD on
Mon Nov 17, 2014 6:03 pm

iFly55 wrote:Depending on the jurisdiction, registered mail may not be an option. Ex: City of Toronto requires you to include a phone # or e-mail so that you pick up disclosure in person.

You can certainly include the resolution meeting date in your disclosure request. The crown requires 6-8 weeks to process disclosure requests. If you don't receive it by the time you have your resolution meeting, you can choose to go to trial or plea-bargain with the crown.

Generally, information in the disclosure is somewhat irrelevant w/o the officer present. It's his handwriting and notes, and a lot of the time the crown may not be able to decipher the officer's writing.
If registered mail is not an option I will fax a disclosure request because I read with fax you can receive a confirmation to use as evidence later if should you request a stay due to lack of disclosure.

The main reason I want to receive disclosure before or on the meeting date is to see the evidence they have against me because when I go pulled over it was on a dark 2 lane road and me and the officer where coming towards each other and as we passed out of reaction I hit the brakes and I think he seen that in his rear view mirror then turned on his lights and made a u turn far after we passed. He didn't mention anything about radar and he told me twice that I was the only car on the road even though I never mentioned anything about that it was kind of out of context. Also another police car came to the scene and the officer who pulled me over talked to him for quite some time. So im thinking maybe the other officer seen me speeding and radioed him. So its quite possible the officer could have pulled me over without any radar reading but out of reaction to seeing my brake lights threw his rearview mirror. Or if the other officer who later arrived to the scene caught me on radar wouldnt he have to be present at court too or else it would be heresay.


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by: iFly55 on
Mon Nov 17, 2014 6:40 pm

I think it's best that you request disclosure: officer's notes and manual for his speed measuring device. Sample disclosure form can be found here: http://www.ontariohighwaytrafficact.com/topic2959.html

You shouldn't read too much into what the officer told you or the presence of the other officer. Wait until you read the officer's notes, it'll give you a much better idea as to how you were identified and how your speed was obtained.


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by: JohnathanD on
Mon Nov 17, 2014 7:27 pm

iFly55 wrote:I think it's best that you request disclosure: officer's notes and manual for his speed measuring device. Sample disclosure form can be found here: http://www.ontariohighwaytrafficact.com/topic2959.html

You shouldn't read too much into what the officer told you or the presence of the other officer. Wait until you read the officer's notes, it'll give you a much better idea as to how you were identified and how your speed was obtained.
Exactly I just need to wait then decide from there. Should I send a request now or wait until I receive a date in the mail for the meeting and automatically schedaled trial Should there be no resolution at the meeting.

From what I understand they need 6-8 weeks for the disclosure and I'd be stumped if my meeting was before that time period.


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by: highwaystar on
Mon Nov 17, 2014 8:31 pm

1) Fax the prosecutor's office your disclosure request. Repeat the request (if necessary) once you are notified of the resolution meeting date.
2) You should then be able to pick it up a few days before your meeting. If not, they'll simply give it to you on the day of your meeting. Simply ask for time to read it.
3) After about 10 minutes, you can then go in and have your meeting. Its quite simple actually.

BTW, the only reason you should want disclosure before the meeting is to know whether to accept any deal they offer you that day. Don't expect to do much talking at the meeting--its very one-sided. If you don't like the deal they offer you, they'll just book it for trial. You'll get your chance to argue your case in court, not at the meeting. So, don't expect much of a 2-way discussion at the meeting. Just a heads up!


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by: JohnathanD on
Mon Nov 17, 2014 9:08 pm

highwaystar wrote:1) Fax the prosecutor's office your disclosure request. Repeat the request (if necessary) once you are notified of the resolution meeting date.
2) You should then be able to pick it up a few days before your meeting. If not, they'll simply give it to you on the day of your meeting. Simply ask for time to read it.
3) After about 10 minutes, you can then go in and have your meeting. Its quite simple actually.

BTW, the only reason you should want disclosure before the meeting is to know whether to accept any deal they offer you that day. Don't expect to do much talking at the meeting--its very one-sided. If you don't like the deal they offer you, they'll just book it for trial. You'll get your chance to argue your case in court, not at the meeting. So, don't expect much of a 2-way discussion at the meeting. Just a heads up!

Thanks for the heads up, the thing is should I just fax in the sample report kindly given to me by iFly55 seen here http://www.ontariohighwaytrafficact.com/topic2959.html

or should I modify it to somehow say in the body of the request that I would like to receive this before or at the meeting.

With all due respect, how would I know if it would even be ready before the meeting as you state above in 2)?


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by: highwaystar on
Tue Nov 18, 2014 12:10 am

Modify the letter for your needs. Specifically request disclosure be provided BEFORE your early resolution meeting ("ER"). In 95% of the cases general disclosure is given to defendants at their ER anyway without them ever needing to request it. However, request letters serve to request more disclosure specific to the case and serve as proof of the request. Most folks don't usually require the letter because the prosecution will generally give disclosure out anyway. However, from a procedural standpoint, it is always better to put the request in writing and formally make the request anyway. Plus, if you request disclosure that the court deems reasonably necessary for your defence and the prosecution doesn't or can't provide it, then this gives you grounds for charter remedies.

In your case, if they don't call or email you 7-10 days before your ER, I'd contact them in writing again so that they tell you when it will be ready for pickup. If they don't have it at your ER, the prosecutor will usually just withdraw the case because the delay is attributed to them since the ER can't reasonably proceed---after all, neither party has the facts before them.


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by: JohnathanD on
Tue Nov 18, 2014 8:17 pm

highwaystar wrote:Modify the letter for your needs. Specifically request disclosure be provided BEFORE your early resolution meeting ("ER"). In 95% of the cases general disclosure is given to defendants at their ER anyway without them ever needing to request it. However, request letters serve to request more disclosure specific to the case and serve as proof of the request. Most folks don't usually require the letter because the prosecution will generally give disclosure out anyway. However, from a procedural standpoint, it is always better to put the request in writing and formally make the request anyway. Plus, if you request disclosure that the court deems reasonably necessary for your defence and the prosecution doesn't or can't provide it, then this gives you grounds for charter remedies.

In your case, if they don't call or email you 7-10 days before your ER, I'd contact them in writing again so that they tell you when it will be ready for pickup. If they don't have it at your ER, the prosecutor will usually just withdraw the case because the delay is attributed to them since the ER can't reasonably proceed---after all, neither party has the facts before them.
Will do really appreciate the help Highway star.


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