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Ontario Highway Traffic Act

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Re: 144(18) Disclosure
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PostPosted: Fri Nov 18, 2016 6:33 pm 
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Joined: Sun Nov 13, 2016 10:00 pm
Posts: 8
Decatur wrote:
The prosecutor doesn't have to offer anything at anytime. They do it to sometimes to streamline the court docket. Ie offering someone a reduced fine or dropping one ticket for a plea on another

So did I screw myself over completely or can I reason with the next prosecutor if I decide to plea guilty?


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Re: 144(18) Disclosure
PostPosted: Fri Nov 18, 2016 8:44 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 665
You won't know until that time comes. In our jurisdiction we have a full time prosecutor and one other that assists. They both take good notes for each other and have good memories.


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Re: 144(18) Disclosure
PostPosted: Sat Nov 19, 2016 1:34 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 271
I think if you want any chance at still getting a deal, you better contact the prosecutor via email (in writing) soon. It is almost certain that they will not offer you a 3rd offer (or even the same one!) if you were warned on the record, and especially if you actually make them go through with preparing for the trial and calling the officer as a witness. As others have said, they don't have to make you ANY offers any time. But, if they made you an offer in the past, then they may still be up for it if you contact them soon and let them know that they no longer have to proceed with preparing for the trial. If you wait till trial day, unless the officer doesn't show up (which is extremely rare nowadays!), you'll have virtually NO chance for any resolution. In fact, they might decide to ask for a bigger fine since the set fine no longer applies but rather the statutory fines.


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Re: 144(18) Disclosure
PostPosted: Thu Feb 09, 2017 2:47 pm 
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Joined: Sun Nov 13, 2016 10:00 pm
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highwaystar wrote:
I think if you want any chance at still getting a deal, you better contact the prosecutor via email (in writing) soon. It is almost certain that they will not offer you a 3rd offer (or even the same one!) if you were warned on the record, and especially if you actually make them go through with preparing for the trial and calling the officer as a witness. As others have said, they don't have to make you ANY offers any time. But, if they made you an offer in the past, then they may still be up for it if you contact them soon and let them know that they no longer have to proceed with preparing for the trial. If you wait till trial day, unless the officer doesn't show up (which is extremely rare nowadays!), you'll have virtually NO chance for any resolution. In fact, they might decide to ask for a bigger fine since the set fine no longer applies but rather the statutory fines.

Funny you say that, never saw this post until now. As an update I had trial this week. Officer never showed up and charges were dropped. Thanks for all the help and advice.


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Re: 144(18) Disclosure
PostPosted: Thu Feb 09, 2017 4:27 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Congratulations on the win... Take it anyway you can! :D

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+++ This is not legal advice, only my opinion +++


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