HTA 144(18) Red light - fail to stop (bicycle) - HELP!

ottawadude
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HTA 144(18) Red light - fail to stop (bicycle) - HELP!

Unread post by ottawadude on

Hi everyone,

First of all thanks for this great website and for ticketcombat.com. Both have been a huge help to me so far in the process of approaching how I will fight this ticket.

Here's my current situation:

I received the ticket for failing to stop back in August. I was on my bike and I did not run a red light, however I was given a $180 ($150 set fine) ticket for doing so. Unfortunately I don't have any witnesses nor do I have much to prove the light was green other than my word against the officer's. But since I am in the right here, I am looking for a way to beat this ticket.

I applied for a court date immediately and I received my Notice of Trail in the mail in September for a trial date of November 16th. I immediately sent a fax asking for "full disclosure" of any information relating to my offence. By October I hadn't received any information, so I faxed a second reminder. Yesterday (November 4th) I received the disclosure which consisted of the original ticket (which I already have a copy of) and the HAND WRITTEN notes from the police officer (which are BARELY legible and I actually can't make out some of the words). That's it. Nothing regarding the by-law with which I'm being charged, nothing regarding witnesses, nothing else. His notes simply state location of incident and the fact that I cycled in a cross walk then run the light.

Now I didn't ask for anything in specific unfortunately. But I'm wondering if there's still any way that I can possibly request a stay based on:
- lack of complete disclosure
- inability to read the hand writing of the officer's notes
- lateness of the disclosure (8 business days before the trial)
- not being informed of the details of the charge

Is any of this valid? Am I too late? I realize I probably needed a few weeks to prepare the forms for a formal request for stay of the trial.

Should I send another fax to them asking for a more detailed disclosure?

Can I request a stay at the trial?

If not, the only thing I can see happening is going to court, pleading my case (basically that I didn't do it and the officer is wrong), and hoping they have mercy on me or the officer doesn't show up. I don't think this is a good idea at all though. :?

Please let me know if I haven't provided enough information to respond or provide assistance. But I would appreciate anyone's help here!

Thanks!


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racer
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Unread post by racer on

Hello, and welcome to the site!

Do you know how the officer looks like? You can look and see if he will shows up.

In your second request, did you specifically ask for the by-law? Typed version of handwritten notes? Then you can apply for a stay. Talk to the prosecutor, but don't let him know too much (or anything really).

It is too late to ask for another set of disclosure. They move at glacial pace.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


ottawadude
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Unread post by ottawadude on

racer wrote:Hello, and welcome to the site!

Do you know how the officer looks like? You can look and see if he will shows up.

In your second request, did you specifically ask for the by-law? Typed version of handwritten notes? Then you can apply for a stay. Talk to the prosecutor, but don't let him know too much (or anything really).

It is too late to ask for another set of disclosure. They move at glacial pace.
I remember what he looks like vaguely. Should I really rely on him now showing up though? I think I'm going to go on the assumption that he'll show up, since I take it if he doesn't show up the case is thrown out, right?

In my second request I didn't ask for anything specific. Same as the first request. Just "full disclosure". But I feel like since I can't read some of the hand written note I'm not really able to understand what arguments will be made against me. Do you think this is valid for requesting a stay of proceedings at the trial?

What should I talk to the prosecutor about at this point?

Thanks for your response!


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Unread post by ottawadude on

OK so apparently Ottawa works very quickly. I received a phone call today after sending in another request for more information and the prosecutor is stating that the only information to be presented is what is written on the ticket. No witnesses or anything else will be provided. So I can't ask for anything else from the disclosure package.

Looks like I'm going to court and going to have to defend myself.


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Unread post by racer on

You should be able to request notes in any case.




"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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