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Ontario Highway Traffic Act

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HTA 136 (1)(a) - requesting disclosure
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PostPosted: Wed Nov 25, 2009 1:38 pm 
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So I got one two weeks ago on a nice Friday 13th... :roll:

Last week I went to the Offences Office and submitted Option 3 (plead not guilty). Trial date to be sent in approximately 6 months.

My intention is to delay as much as I can.

When should I request the disclosure?

According to Ticket Combat, it should be done right away.

I called the office this morning and the lady said I should wait a few months before the trial date is set.

How should I proceed?

Thanks.


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PostPosted: Wed Nov 25, 2009 2:09 pm 
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Wait till you have a trial date then request disclosure.

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PostPosted: Wed Nov 25, 2009 2:17 pm 
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Thanks Reflections.

What if the trial date is a few days after I receive the notification by mail?

The disclosure request can take up to 8 weeks, right?

Cheers.


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PostPosted: Mon Nov 30, 2009 10:55 pm 
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Yes, 8 weeks is roughly how long it takes, sometimes a little less.

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PostPosted: Tue Dec 01, 2009 9:39 am 
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diehard wrote:
Thanks Reflections.

What if the trial date is a few days after I receive the notification by mail?

The disclosure request can take up to 8 weeks, right?

Cheers.


You can ask for an adjournment due to lack of disclosure........

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PostPosted: Tue Dec 01, 2009 10:26 am 
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Can prosecutor add charges if he reads the cop's notes?

For example, the copy may have written in notes that I was following too closely another car before not obeying stop sign.

Am I at risk at getting a second conviction if prosecutors sees this?


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PostPosted: Tue Dec 08, 2009 4:24 pm 
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diehard wrote:
Can prosecutor add charges if he reads the cop's notes?

For example, the copy may have written in notes that I was following too closely another car before not obeying stop sign.

Am I at risk at getting a second conviction if prosecutors sees this?


Anyone?


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PostPosted: Tue Dec 08, 2009 6:17 pm 
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I believe that there is a 6 months window when a LEO can issue a ticket. After that not going to happen.

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"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Tue Dec 08, 2009 8:21 pm 
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diehard wrote:
diehard wrote:
Can prosecutor add charges if he reads the cop's notes?

For example, the copy may have written in notes that I was following too closely another car before not obeying stop sign.

Am I at risk at getting a second conviction if prosecutors sees this?


Anyone?


Officers lay charges in the HTA, not the crown.

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PostPosted: Wed Dec 09, 2009 4:44 pm 
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Thanks guys.

If the cop shows up and sees that I'm pleading guilty in an attempt to lower the fine and the charge, could he try to influence the prosecutor otherwise?

In fact, could prosecutor increase charge and fine because of such notes?


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PostPosted: Wed Dec 09, 2009 7:21 pm 
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diehard wrote:
Thanks guys.

If the cop shows up and sees that I'm pleading guilty in an attempt to lower the fine and the charge, could he try to influence the prosecutor otherwise?

In fact, could prosecutor increase charge and fine because of such notes?


Officers have been known to "suggest" a sentence or offer their opinion of the accused.

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PostPosted: Wed Dec 09, 2009 11:50 pm 
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diehard wrote:
In fact, could prosecutor increase charge and fine because of such notes?


As Reflections indicated, the officer could sway the Prosecutor to not accept a plea bargain. If you plea-bargain in this case, and it is accepted, the only thing the Justice can do is impose the set fine for the offence.

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PostPosted: Thu Dec 10, 2009 10:10 am 
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Can JP accept a plea bargain on the first attendance date or is it only the prosecutor right before the trial date?

Thanks guys.


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PostPosted: Thu Dec 10, 2009 5:10 pm 
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diehard wrote:
Can JP accept a plea bargain on the first attendance date or is it only the prosecutor right before the trial date?

Thanks guys.


First attendance is a process where you can resolve your matter by pleading guilty or making submissions as to penalty.

It is a process that does not require attendance of police officer and in most cases prosecutor is not in the position to review the notes of the officer.

If you pursue first attendance option you certainly not going to ""win" your case but can save points, reduce fine, etc. If you choose to enter a guilty plea after discussions with prosecutor - you will have to appear in front of JP who will finalize the matter.


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PostPosted: Fri Dec 11, 2009 10:45 am 
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Will I receive a date for first attendance prior to the trial date?

There is no mention of First Attendance date in the ticket when I chose Option 3.

Thanks.


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