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Ontario Highway Traffic Act

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Re: Failure to stop. 136(1)(b)
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PostPosted: Thu Oct 26, 2017 9:16 am 
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Joined: Tue Aug 16, 2016 10:09 am
Posts: 217
Eclipse2017 wrote:
1. What is the official charging document......the Certificate of Offense (ticket issued by the officer) OR the Notice of Trial. In my case, the charges listed are different on each document.
The official charging document is the Certificate of Offence (your copy is the Offence Notice). If the charges shown are different, that means the officer has likely amended the Certificate of Offence after giving you the ticket and before filing the Certificate with the Court. You have the right to ask for a clarification since your version of the documentation is different.

Eclipse2017 wrote:
2. At my trial next week, do i tell the prosecutor that I haven't received disclosure before the trial starts? (I assume they will try and plea). Or do I simply tell them i plan to plead non guilty, then do i inform the jp that I haven't received disclosure as wish to dismiss or adjourn?
You should call, e-mail or fax the Court one more time to say your trial is next week and you still haven't received disclosure. Remember, it's your obligation to follow up. You may received a call, e-mail or fax with a status update (with my last case, I had a call the day after my final follow-up saying the Court still had not received the officer's notes; the notes still hadn't arrived as of the time of the trial and the prosecutor withdrew the charges). If you're given disclosure the day of the trial, you should ask for an adjournment to give yourself time to make a full answer and defence. If you're lucky, the JP will dismiss the charge or the prosecutor will withdraw it. You're more likely to receive the adjournment, though.

Eclipse2017 wrote:
3. At what point would the prosecutor withdraw the charge if the officer isn't there? Before the trial, or just as the trial starts?
Just as it's about to start. If the officer isn't there when you check in, the prosecutor will make a notation on the trial list. When you're called up, the officer will be called three times. If, at that point, the officer still isn't there, the charge will be withdrawn. The officer does not have to be at the Court when the session begins.


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Re: Failure to stop. 136(1)(b)
PostPosted: Mon Oct 30, 2017 4:40 pm 
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any other opinions on how to proceed. trial is 2 days from now. asked for disclosures 3 times..nothing received. although disclosure in peel taked 6-8 weeks and my trial was scheduled in 8 weeks. we're moving 2 hours away in 3 weeks.......is a dismissal warranted? or is it expected i return to peel once disclosure is provided?


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Re: Failure to stop. 136(1)(b)
PostPosted: Mon Oct 30, 2017 9:10 pm 
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A dismissal won’t even be on the table. They may provide you with disclosure in two days and reschedule the trial.


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Re: Failure to stop. 136(1)(b)
PostPosted: Wed Nov 01, 2017 3:40 pm 
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Joined: Mon Aug 21, 2017 7:30 pm
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had trial today. received adjournment and finally got my disclose. officer is claiming i went through the stop. is the "failure to yield" charge, the correct charge? why wasn't "fail to stop" levied? can either charge be laid when going through a stop sign?


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Re: Failure to stop. 136(1)(b)
PostPosted: Wed Nov 01, 2017 5:04 pm 
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i was also offered "disobey lane light"....what's the advantage of accepting that plea?


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Re: Failure to stop. 136(1)(b)
PostPosted: Fri Nov 10, 2017 3:46 pm 
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any opinions on my disclosure? been charged with failure to yield...although it appears the officer has notes on failure to stop (and failure to stop was what was discussed during the traffic stop).


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