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Ontario Highway Traffic Act

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Traffic Ticket Court Help?
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PostPosted: Sat Jun 01, 2013 7:16 pm 
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Hi guys I am new on these forums but I seriously need advice and help. I got a failure to stop at a red light ticket in October and my trial date was give to me 1 month before the trial which was in May. I requested the day to be rescheduled because I knew it required 6-8 weeks to get my disclosure and now my court day is in 5 days (June 5th). When I requested disclosure in April, I got the copy of my ticket, the officer's notes, but the person also told me there was video evidence and that will have to be sent in and they will call me when it has arrived. The video has still not arrived after 2 months and my court day is closing fast. Also I do not have a copy of my disclosure request, is that required of me? I know the prosecution has one as I watched the lady stamp it and file it away. Should I get a copy or is it fine that I don't have it as I have the officers notes and there would be no way of me having the notes without requesting disclosure?

My second problem is when I was charged with the offense, I believed the light to be amber and and car stopped late in front of me so I swerved to another lane and crossed the light. I was speeding and i admitted it to the cop when I was pulled over which I assumed due to my manners, the officer didn't give me a speeding ticket. At the moment of the offense I had to cross the intersection which I believed to be amber due to safety because I would've rear ended the other vehicle or stopped in the middle of the road.

So my questions are:

1.) What should I do about the disclosure issue? Should I talk to the prosecutor before hand or should I declare that I did not receive the video evidence during trial? Also when should I make that claim about disclosure to the Justice of the Peace? and how should I say it to the judge?

2.) If the case continues to trial can I claim safety as I believed the light was still amber?

3.) Also during trial if I admit to speeding can I still get charged for that? and is the Officer allowed to bring it up as evidence even though it does not relate directly to my specific charge which is failure to stop at a red light?

Thank you for any help, I really appreciate it!


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Re: Traffic Ticket Court Help?
PostPosted: Sun Jun 02, 2013 1:28 pm 
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Joined: Wed Sep 19, 2012 1:44 am
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vympal wrote:
1.) What should I do about the disclosure issue? Should I talk to the prosecutor before hand or should I declare that I did not receive the video evidence during trial? Also when should I make that claim about disclosure to the Justice of the Peace? and how should I say it to the judge?


If you filed for disclosure, you sit and wait. If your trial was scheduled shortly after the date you received your notice of trial, it's no big deal. As long as you filed right away, they will probably just put off your trial to another date considering it's no ones fault.

vympal wrote:
2.) If the case continues to trial can I claim safety as I believed the light was still amber?


You were so concerned about safety that you had to make a drastic move in order to avoid hitting someone from behind because you were driving too close to the vehicle in front of you? Somehow I don't think that argument will fly.


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