Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Trial next week, how do I ask for disclosure?
Author Message
PostPosted: Tue Feb 02, 2010 1:47 pm 
Offline
Newbie

Joined: Tue Feb 02, 2010 12:49 pm
Posts: 11
Great site, very informative, but I find it hard to search for specific topics so I decided to ask.

My girlfriend got charged with s.128 of the HTA, i told her that when she got her notice of trial to notify me so that we can collect the disclosure. She didn't tell me that her trial was next week until yesterday.

One of the main reasons why I wanted to collect the disclosure is because she told me that the officer was driving on a motorcycle in the opposite direction and pulled her over for 84 km/h in a 60 km/h zone.

I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed.

Now that her trial is next tuesday, do you think it is possible to request for the disclosure at the beginning of her set court date/time?

I called the prosecutors office at old city hall and they said that it would be possible and that they would make photocopies of it and give it to her.


Top
 Profile  
 
PostPosted: Tue Feb 02, 2010 3:38 pm 
Offline
Jr. Member
User avatar

Joined: Thu May 28, 2009 10:55 am
Posts: 68
Location: Toronto, Ontario
yes, you should be able to ask for disclosure at the hearing. If the prosecutor tries to hand it to you before the hearing starts and wants to proceed, don't let them. You can ask the judge for an adjournment to digest the disclosure. Tell them, as a layperson, you did not know your right for disclosure until just recently. There is a 100% chance the crown won't give you everything you need, because you haven't asked for everything you really need. Do some more research here and at ticketcombat.ca on how to draft the appropriate disclosure letter. You will need to ask for the officer's notes and the make, model and manual for radar used (complete copy).

Judge should adjourn to allow crown time to gather your disclosure info and set a another court date.


Top
 Profile  
 
Re: Trial next week, how do I ask for disclosure?
PostPosted: Tue Feb 02, 2010 4:02 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
zeeden wrote:
I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed..


Radar - can be used in a cruiser, pickup, SUV and even on an Motorcycle

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
PostPosted: Tue Feb 02, 2010 5:28 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
zeeden wrote:
I found it quite odd that a MOTORCYCLE in MOTION going the OPPOSITE DIRECTION can determine the speed of a car. So I wanted to know what method he used to predict the speed.


Some police motorcycles have the radar device with a built-in readout display installed on the motorcycle itself. It's integral, so basically the officer simply pushes a button and the radar turns on. The antenna is mounted somewhere on the front of the bike - similar to many cruisers used for traffic enforcement, radar antennae are installed on both the front and/or rear of the patrol vehicle.

neo333 wrote:
Judge should adjourn to allow crown time to gather your disclosure info and set a another court date.


Just to add to that... The downside is, at this point, getting an adjournment where you have to request it squashes any possibility of staying the charge later due to the Crown causing an "unreasonable delay of trial."

_________________
* 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


Top
 Profile  
 
PostPosted: Wed Aug 04, 2010 5:20 pm 
Offline
Newbie

Joined: Tue Feb 02, 2010 12:49 pm
Posts: 11
thanks for the replies. She was given disclosure at the trial and it was adjourned to another date. Now time to ask for the rest of the disclosure.

Does anyone know if the car speeding/ticketed has to be the 'lead' car? She was 2 car lengths behind the car in front of her when she was 'radared'.


Last edited by zeeden on Thu Aug 05, 2010 10:12 am, edited 1 time in total.

Top
 Profile  
 
PostPosted: Wed Aug 04, 2010 7:38 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
It's easy to target a specific vehicle with a laser using the scope, but it is much more difficult to isolate a vehicle with a radar that is not alone on the road or at least in front. If that were me I would be very interested in hearing how the officer articulated that he targeted the person's vehicle.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Trial's Coming up in a week!

Soboss

5

644

Fri Sep 03, 2010 11:41 am

ZeroConvictions View the latest post

There are no new unread posts for this topic. Have trial next week for Failure to Obey Stop Sign

rvs007

6

1113

Thu Feb 14, 2013 8:24 pm

ynotp View the latest post

There are no new unread posts for this topic. Adjournment due to improper disclosure, but only one week!

erlkonig

3

1393

Thu Jan 24, 2013 7:40 pm

bend View the latest post

There are no new unread posts for this topic. Out of town trial, no disclosure, trial April 11?

[ Go to pageGo to page: 1, 2 ]

Bil22

17

1479

Mon Apr 08, 2013 8:44 pm

daggx View the latest post

There are no new unread posts for this topic. Asking for Disclosure at the trial?

solidbs

2

392

Sat Jan 07, 2012 11:28 pm

solidbs View the latest post

There are no new unread posts for this topic. Attachment(s) Got disclosure and trial date, please help

eyt

4

346

Mon May 29, 2017 11:37 am

vladmtf View the latest post

There are no new unread posts for this topic. Speeding - Requested Trial, Disclosure has yet to come

shnuffy

3

787

Tue Jul 06, 2010 5:54 pm

shnuffy View the latest post

There are no new unread posts for this topic. Picked UP disclosure for trial..Improper ?

[ Go to pageGo to page: 1, 2, 3 ]

bilal388

41

1667

Sun Mar 27, 2011 11:28 am

bilal388 View the latest post

There are no new unread posts for this topic. Didn't get disclosure -> Trial adjournment?

alexalex9

6

7259

Sun Mar 06, 2011 12:26 am

alexalex9 View the latest post

There are no new unread posts for this topic. Preparing for Trial - Inadequate Disclosure

Student1

8

1110

Sun May 01, 2011 11:49 pm

Student1 View the latest post

There are no new unread posts for this topic. Disclosure 15 Minutes before trial ? (Newmarket)

STCLARKE

3

2614

Fri Apr 13, 2012 9:56 am

STCLARKE View the latest post

There are no new unread posts for this topic. Disclosure not received yet - trial date soon

dinan

1

1301

Sat Nov 01, 2014 12:37 pm

bend View the latest post

 


Who is online

Users browsing this forum: Google [Bot] and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.