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40 over on the 401 near chatham kent
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PostPosted: Fri Aug 09, 2013 4:53 pm 
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Joined: Fri Aug 09, 2013 4:18 pm
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Going to fight a 40 over on the 401.

I wasn't going that fast for sure. Had a car in front, behind and beside me. All of us 40 over? Don't think so.

Anyways, has somebody fought a ticket at Chatham Kent?

Any feedback, advice or tips highly appreciated.


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Re: 40 over on the 401 near chatham kent
PostPosted: Wed Oct 09, 2013 6:46 pm 
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I haven't fought one in Chatam, but I had a similar experience in Barrie. Check Neo's post. That and others provide a great deal of useful information. I'm currently waiting for disclosure. http://www.ticketcombat.com/ is very helpful.


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Re: 40 over on the 401 near chatham kent
PostPosted: Fri Oct 11, 2013 10:44 am 
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TheForce wrote:
I haven't fought one in Chatam, but I had a similar experience in Barrie. Check Neo's post. That and others provide a great deal of useful information. I'm currently waiting for disclosure. http://www.ticketcombat.com/ is very helpful.


What was your case? I am requesting disclosure today. Just got my court date


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Re: 40 over on the 401 near chatham kent
PostPosted: Thu Oct 17, 2013 4:02 pm 
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I had one in Chatham-Kent a few years ago. It never got to trial but this is how it went:

- Mid November, 2010 - ladar operator sitting under the overpass, pursuit vehicle came off the ramp to give me ticket for 36 over.
- Requested trial, received court date in January 2011 for April.
- Requested disclosure twice over the next two months, never received.
- Went to courthouse in April 2011. JP was absent - was offered 29 over, rejected, trial adjourned to August.
- Went to courthouse in August 2011. Was offered 29 over again, rejected. I waited with my trump card (no disclosure) but later the prosecutor called me into her office again. One of the two officers was not present. I was offered 15 over or an adjournment. I said I would rather let the JP decide and the prosecutor immediately said she would have to drop the charge. Eventually I was called up and was free to go!

This courthouse seems to be pretty quick, so don't expect an 11b timeline. My first trial date was only 5 months after the ticket, and the adjournment only added another 4. I probably got this much time because they had to schedule two officers - most of the people they were giving adjournments to were only getting 2 or 3 weeks. They do seem to have a problem with attendance though.


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Re: 40 over on the 401 near chatham kent
PostPosted: Mon Oct 28, 2013 3:32 pm 
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EphOph Thanks so much for sharing.

Wasn't count on 11b at all got my ticket en July and 1st court date in Feb. Already requested disclosure 2 weeks ago.
To use no disclosure as a trump card, what was your plan? Just say that you are not prepared to defend yourself and ask for another trial date?

Is it better to not plea at all?

You were really lucky! Good for you


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Re: 40 over on the 401 near chatham kent
PostPosted: Fri Nov 01, 2013 10:24 am 
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My plan was to motion for a stay due to a lack of disclosure, though I've heard that when you do that they usually just give it to you on the spot and then adjourn.

The reason I refer to it as a "trump card" is that I did not tell the prosecutor - I was waiting to tell the JP. As far as the prosecutor was concerned, I was prepared for trial and the crown wasn't. I suspect that if I had mentioned it, she would have gone forward with the adjournment instead of dismissing the charge.


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Re: 40 over on the 401 near chatham kent
PostPosted: Fri Nov 01, 2013 6:22 pm 
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Well Got my disclosure and notes are unreadable. Is it my right to call them and ask for a note transcript?

Also, they offered on a letter that I could plea guilty to Disobey Sign instead of 40 over, 2 demerit instead of 4 and $180 instead of $295.
Should I take it and run?


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