Failure To Stop. Wrong Disclosure.

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Joined: Tue Oct 24, 2017 2:21 pm

Failure To Stop. Wrong Disclosure.


Wrong Disclosure. Hi, got a failure to stop charge (136(11). Requested disclosure but never received anything. At trial (about 11months from charge) advised prosecutor that I had not received disclosure. At recess asked to speak with officer who was there. He showed me printout of notes which were very long and detailed and not something I could move on that morning. He also didnt think he had video although when he pulled me over and I told him I stopped, he said I didnt and that he had in on video. His notes did say he was set up for giving out tickets that morning (it was at top).

JP granted adjourment and advised I could request disclosure in person that day. I did. They gave me copy of request back and stapled print out to it of notes. They said they they would advise if they had video by phone. Never heard back.

I'm a month from trial (which will be 17 months from charge) and Im starting to put case together. First thing I did was to read the note printout provided. THe notes are for another person. Same charge but just wrong case.

Do I re-request disclosure? Or do I show up and see if officer is there and if he is move for dismisal based on 2nd error of the Prosecutor not providing the right disclosure? Will what I was provided be put in the prosecutor file i.e. to they put exactly what they gave me in the prosecutors file? Thnaks!!!!

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by: Zatota on

The Prosecutor will have a copy of what was sent to you. Since the information doesn't pertain to you, you haven't received disclosure.

You should be able to make a case for dismissal now. At 17 months and no disclosure despite an adjournment to provide it to you, you should be fine.

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