35 over notice of trial mistakes/ disclousure request

brandot
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35 over notice of trial mistakes/ disclousure request

by: brandot on
Mon Aug 13, 2012 9:58 pm

Hey all I have recently have gotten a speeding ticket and have to decided to dispute it in court as it is 35 over and I have a G2 which will make my insurance skyrocket/make me uninsurable and suspend my license. When I recieved the notice of trial I noticed that they incorrectly spelled my address and also used a different enforcement agency number than on the ticket, does that do anything like for example make the notice wrong or something because the agency number is wrong or does it do anything? Also when I asked for disclosure I followed the way outlined on ticketcombat.com and after multiple emails refuting that I do not have to fill out their request for disclosure form and only need to send a letter for it they still insisted on getting me to fill the form. Is there anything I should know about requesting for disclosure. ANy advice helping me fight this ticket would be greatly appreciated.


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by: Reflections on
Thu Aug 16, 2012 9:59 am

Fill out their form and add whatever you want, really. That doesn't mean asking for the birth date of the officer, keep your requests pertanant to the offence. Type it all up and fax it over, so you have a record. Keep copies for yourself. The agency number sounds like you may have an out, but I am not 100% on that. You may have to consult a paralegal for a firm answer.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com










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Reflections
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by: Reflections on
Thu Aug 16, 2012 9:30 pm

The request form is actually an attempt to help the system work better, however the crown will try to use it to their advantage..... so use their form and ask for the usual items that you can find in other threads here. Use these to figure out what NOT to ask for.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


brandot
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by: brandot on
Mon Sep 03, 2012 2:17 pm

Okay so on Friday evening the prosecutor sent me an email with an attachment saying that as far as he is concerned he has provided me with full disclosure. Firstly during our previous exchanges he said that I would not be emailed (it was an impossibility due to the Police not having the service?)but called to be notified when I can go and pick up the disclosure I desired. I opened the attachment to find a 7 page pdf file containing my request, the officer's hand written notes, evidence act notice and the first and last page of a speed radar user's manual. To my understanding this is not even close to full disclosure because it does not have such things as maintenace and calibration records for the device. The prosecutor said to call him with any concerns. My trial is in 2 days meaning Id have to call about receiving the rest of the disclosure the day before the trial date. What can I do any tips would help greatly.




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