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Ontario Highway Traffic Act

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over 49km on dvp
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PostPosted: Thu Jun 11, 2009 2:59 pm 
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well I got pulled over by toronto police 6 months ago and i got my court date. I was wondering what should i ask for disclosure request. I really need your help guys. please more you list is better and i will ask for it. I am 90% sure he did not caught me on radar because he followed me 4 km when I saw him far behind i slowed down and he came right behind me and as i said he followed me 4 or more km. he pulled me over when I exit from highway. thanks guys


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PostPosted: Thu Jun 11, 2009 3:51 pm 
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How much time is it from the offence date to the court date?
If the police officer had no radar on you, it is impossible for crown to prove the case. Request disclosure, you will know more what evidence he had against you.
In the disclosure ask for: speed gun manual, calibration record, reapir history, officer's training certificate and of course officer's note...
See ticketcombat.com for sample of disclosure


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PostPosted: Thu Jun 11, 2009 6:39 pm 
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Location: In YOUR rearview mirror!
liveontheedge wrote:
How much time is it from the offence date to the court date?
If the police officer had no radar on you, it is impossible for crown to prove the case.


it is not impossible....think outside the box :wink:

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


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PostPosted: Thu Jun 11, 2009 7:38 pm 
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Just to clarify, did the officer reduce it to 49 km/h over from a higher speed or did he catch you at 49 over? Just asking. As for the disclosure request, ask for the evidence that liveontheedge suggested. Remember one of the objectives with disclosure is actually not to get it (or part of it), because then you can file a motion for a stay.


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PostPosted: Thu Jun 11, 2009 8:04 pm 
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hwybear wrote:
it is not impossible....think outside the box :wink:


How so?


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PostPosted: Thu Jun 11, 2009 8:47 pm 
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liveontheedge wrote:
hwybear wrote:
it is not impossible....think outside the box :wink:


How so?


Pacing....

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thanks guys
PostPosted: Fri Jun 12, 2009 1:15 am 
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well i got pulled over on february 10/09 and i have court date on november 02/09.
for 2nd question I really dont know if i was making that much speed. All he(poilce) said i was going too fast and dont remember if he meantioned he reduced to 49. he came with ticket and told me to pay this. he did not meantioned 3 choice back of the ticket


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PostPosted: Fri Jun 12, 2009 9:25 am 
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Less than nine months delay to trial, another delay at prosecutor's fault would put you in a good position for an 11(b) argument. Disclosure request would help.

Ok he may have paced you but you may have slowed down already when he was still far back. Disclosure will tell.

Send in a detailed request for disclosure. Once you get it, you will have a better picture on how to proceed with the denfense.


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PostPosted: Fri Jun 12, 2009 9:44 am 
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Fax or register mail your disclosure request asap. make sure to have evidence (fax confirmation or regmail reciept).

Also ask for a "will say statement from all witnesses" in addition to everything else.


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