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Ontario Highway Traffic Act

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Failing to Stop. Full Disclosure Request
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PostPosted: Mon Nov 29, 2010 3:52 pm 
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Joined: Mon Nov 29, 2010 3:45 pm
Posts: 2
Before receiving a trial date I faxed a request for full disclosure to the prosecutors office. I waited a couple of months and then personally delivered a request for full disclosure. I have not received anything from the prosecutors office. I have since received my court date. Should I send another request for disclosure to the prosecutors office or will the two previous requests suffice, even though at the time of making the request I did not have my court date scheduled?
Thanks for any help.


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Re: Failing to Stop. Full Disclosure Request
PostPosted: Mon Dec 06, 2010 10:38 am 
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Joined: Mon Nov 29, 2010 3:45 pm
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Since a full disclosure was not received can this be used in court to dismiss the case or does a request need to be made after the court date has been assigned before you can use this as a defence? If you do not receive a full disclosure can you use this as a defence at all?


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Re: Failing to Stop. Full Disclosure Request
PostPosted: Mon Dec 06, 2010 4:10 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
I would ask for disclosure now that you have a actual court date.

The 2 previous request without a court date, quite possibly they would look up your name for court and nothing scheduled, therefore confused to as why it was being asked for OR If it was forward to the officer for disclosure with no court date, only necessary to provide disclosure once a court date is provided.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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