Lots of good information on getting disclosure from the Crown here. Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me? Thanks!
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
I read a case where prosecutor argued and successfully blocked introduction of some evidence by the defendant. The reason was "foundation" of the evidence was not laid properly to introduce the evidence (according to court procedures). The second section in brackets is because I'm not sure about it, but I'm certain of the first part. You may want to find out what that is all about and do it right, I tried to research on this but was unable to find anything straight forward. One easy way to do this is, simply pay a paralegal for 30 minutes of their time to tell you how to do it.
I read a case where prosecutor argued and successfully blocked introduction of some evidence by the defendant.
The reason was "foundation" of the evidence was not laid properly to introduce the evidence (according to court procedures). The second section in brackets is because I'm not sure about it, but I'm certain of the first part.
You may want to find out what that is all about and do it right, I tried to research on this but was unable to find anything straight forward.
One easy way to do this is, simply pay a paralegal for 30 minutes of their time to tell you how to do it.
What is the specific evidence that you want to introduce? Having something "entered as evidence" and "bringing it up during the trial" are two different things. It does not have to be entered as evidence to use it. For example, I can have an officer read out of a radar manual on the stand, but I do not have to enter the manual into evidence.
What is the specific evidence that you want to introduce?
Having something "entered as evidence" and "bringing it up during the trial" are two different things. It does not have to be entered as evidence to use it.
For example, I can have an officer read out of a radar manual on the stand, but I do not have to enter the manual into evidence.
Thanks for the feedback. Without going into detail, in the Officer's notes were some "behavioural observations", which might be considered negative. Said Officer in published media has stated he does the same all the time. Additionally I want to bring up some documentation from the manufacturer of the speed measurement device sourced independently.
Thanks for the feedback.
Without going into detail, in the Officer's notes were some "behavioural observations", which might be considered negative. Said Officer in published media has stated he does the same all the time.
Additionally I want to bring up some documentation from the manufacturer of the speed measurement device sourced independently.
You will not be able to get the published media entered into evidence without the original author being there to be a witness. However you could just bring the published media and then ask the officer to read what he supposedly stated and then ask him if he said that. If he says yes, then you get what you need without having to put it into evidence. If he says no, then that is the end of it and it will not help you. As far as documentation from manufacturer, you can again ask officer to read from it and ask some questions about it independently of trying to get it admitted as evidence.
You will not be able to get the published media entered into evidence without the original author being there to be a witness. However you could just bring the published media and then ask the officer to read what he supposedly stated and then ask him if he said that. If he says yes, then you get what you need without having to put it into evidence. If he says no, then that is the end of it and it will not help you.
As far as documentation from manufacturer, you can again ask officer to read from it and ask some questions about it independently of trying to get it admitted as evidence.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
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Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
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I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
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After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
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Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
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About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
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My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
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So Again, I really don't know how I'm attracting attention to myself, but I am.
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Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
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I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…