going for 3rd trail,speed over 30,no disclosure, please help

Cutiemouse888
Newbie
Newbie
Posts: 14
Joined:

going for 3rd trail,speed over 30,no disclosure, please help

Unread post by Cutiemouse888 on

can any expert here help me with my case please:)
here how it goes:

January I got the ticket speeding 30km over the limit
soon, I requested a trail
I got a trail schedule in march
I didn't go, so I requested another trail date
I got a new trail date in June ( then I requested the disclosure 10 weeks before June)
I used the form from the crown to request and of course I gave my phone number in it.
2 weeks before June I called the office because I did not receive any disclosure yet and they said they did not have it, They also said I will get it on the court day!
and I found out 1 week before the court day that there was no request for the interpreter, even though I have already requested the interpreter on the 1st trail. There fore I requested again for an interpreter, they said they will have the interpreter on the court day.
On the court day: I did not ask or receive any disclosure, the interpreter was not there, but the police was there.
The judge said because there was no interpreter, he adjourned the trail to Oct. but none of them mention any thing about the disclosure.

can any one tell me what should I do from this point?
should I request another disclosure for the Oct trail ?( which is the third trail now)
should I do that or I should argue that they should already give me disclosure since I already requested before the June trail?
can any one give me tips for my argument?


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

should I request another disclosure for the Oct trail ?( which is the third trail now)
Request again. Are you using registered mail or faxing?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Cutiemouse888
Newbie
Newbie
Posts: 14
Joined:

Unread post by Cutiemouse888 on

When I requested the first time, I used their office's form, (I know I shouldn't)

But why should I request the disclosure again since I already requested once and I also did a follow up call to their office? I think since I already made many attempts for the disclosure, would it be worth it to request again? or just mention to the judge it's their fault by not providing it to me?


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

But why should I request the disclosure again since I already requested once and I also did a follow up call to their office? I think since I already made many attempts for the disclosure, would it be worth it to request again? or just mention to the judge it's their fault by not providing it to me?
This is traffic court, you have a certain amount of work to do for "due diligence". Send one more request to CYA. This is your way of telling the JP that it's their fault....a little subtlety helps when you are before the JP.

Side note, it's not a judge it's a justice of the peace. They have different powers under law.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Cutiemouse888
Newbie
Newbie
Posts: 14
Joined:

Unread post by Cutiemouse888 on

thank you Reflections for your advice
I will requested it again, but this time I should fax my own typed request right? is there any certain format i should follow when typing it? or what should I request?


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

Type your own request and get the transmission confirmation. Ask for everything you asked for before. Don't worry about format. Try for a formal "feel" though.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


sayashi
Newbie
Newbie
Posts: 2
Joined:

Unread post by sayashi on

how do you request for interpreter?
when i send the ticket in for court i check the need interpreter
but how would i know if there will be one on the court date?
do i need to send in letter to confirm that i need an interpreter or letter of request?


Cutiemouse888
Newbie
Newbie
Posts: 14
Joined:

Unread post by Cutiemouse888 on

just go to the court as soon as possible to request one.






Post Reply

Return to “Exceeding the speed limit by 30 to 49 km/h”