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Ontario Highway Traffic Act

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111 in 80
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PostPosted: Wed Jul 29, 2009 12:06 pm 
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I was going eastbound on Essa road in the passing lane, while another vehicle, beside me, was driving in the first lane that was merging with my lane.
OPP officer was stationary and I saw him turning his alley lights on while I passed him.
He stopped both of us, I got the speeding ticket and officer stated that the vehicle that was traveling beside me will get something else.
I think that the officer was actually stopping the other vehicular, but for some reason I stopped as well.
I intent to question the radar theory, how, when where etc it was tested etc.
But after I have read some of these postings, I forgot to get the disclosure.
my court date is on Aug 4th
So my question is: Is it possible to ask the crown to get a disclosure and ask JP for adjournment, sense it's too late to request it now, or I have to proceed and hope that Officer won't show. Obviously I have some questions prepared but....????

Maybe someone had a similar issue?

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PostPosted: Wed Jul 29, 2009 12:45 pm 
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You just go to court on Aug 4, look around if the cop is there then ask JP for adjournment because you just find out about the disclosure thing. The JP most likely will grant it (but the delay will be deducted in the 11b motion if you are to have one in the future).

If the cop is not there, opt for trial.

On another note, the circumstance of your case is a bit fishy, the cop wanted to kill two birds with one stone, that is lay charges on 2 cars with one speed reading. You may want to question the cop what he charged the other driver with if the case goes to trial and the cop takes the witness stand.


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PostPosted: Wed Jul 29, 2009 12:55 pm 
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Thanks for reply, it is a fishy case, that's why I think should get a disclosure, because I don't think that i\ll be able to remember the cops face :)
Any other thoughts ?

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PostPosted: Wed Jul 29, 2009 10:12 pm 
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If you don't know the cop face, you can use his ID# and ask others waiting around for the same cop ID#, they may be able to point him out for you.
Or, if you hang around the prosecutor you will hear the cops also check in with the prosecutor using their ID#.

Your disclosure may need to be specfic otherwise you get nothing about the other driver. That is to ask for disclosure of the officer's note on the other driver citing other driver being witness in your defence. This may be tough as it is usually denied citing privacy concern.


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PostPosted: Thu Jul 30, 2009 7:09 am 
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Thanks, good point,
I hope that JP will allow me to change the date. (in order to get disclosure) or should I give him a better excuse???

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PostPosted: Thu Jul 30, 2009 10:42 pm 
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You can have someone going to court for you and ask for the delay, make sure he knows what he's doing. The trick of the trade is spelled out in www.ticketcombat.com, just read it.


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