First offence. Interesting situation need help!

MichaelLV
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First offence. Interesting situation need help!

by: MichaelLV on
Wed Dec 30, 2015 3:47 pm

Hi, so I was caught speeding toward the end of July 2015. 94km in a 60Km Zone. I requested to fight the ticket, got my notice of trial saying it was scheduled for Jan 28th 2016. In November 2015 I filed a disclosure request and have received absolutely nothing, but just recently I received a Notice of Motion in the mail. The cop is requesting we move the trial date as he cannot attend the original (Jan 28th) because of a training session. The hearing for this notice of motion request is on Jan 13th 2016 where I can choose to go or not, accept or not accept the motion. Originally my plan was to go to the original court date, let them know I had not received disclosure and was not properly prepared for the trial getting the trial adjourned at their fault, which is good for section 11b (right to a speedy trial). Now with this notice of motion I am kind of confused, should I accept his motion and allow it to be pushed back, and if so does this count toward 11b (he is delaying the process), or do I not accept and try to keep it on the original date? please let me know as this is my first offence and dont want a speeding ticket affecting my insurance nor do I need 4 points. Thank you


screeech
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by: screeech on
Wed Dec 30, 2015 11:31 pm

The thing about disclosure is, you can't just sit in the bushes and do nothing then leap out at the last minute saying you never got it and want to put it over. The JP may rule against you for waiting until trial day to bring it up. You have to show you actively went after disclosure, and if not obtained in a reasonable amount of time, you have to show you made another request. You have to be active in the process. You can object to the motion but that does not mean it won't be granted. You should have a very good reason why you object to it. Being the first request of this type, and for a fairly good reason, the motion will likely be granted. If it was being put over so the cop could go on vacation, you would have a better argument, but for training, it will likely be put over. Yes, that will count against the prosecution for the delay, however, I believe you are still a good way from any 11b defence.


jsherk
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by: jsherk on
Wed Dec 30, 2015 11:43 pm

If you read the case laws on disclosure, the courts have decided that the best remedy for unprovided disclosure is to tell prosecution to get it for you and set a new trial. The only way you would have succesful 11b motion is if you have already been to court twice and the prosecution has not provided the information the court told them to get you. So on your third date an 11b might be succesful but never on your first trial date and most likely not even on your second.
+++ This is not legal advice, only my opinion +++


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