My 78 year old Mother got a ticket at 8am on March 31/09 as the morning sun was in her eyes and she (as well, many others), didnt see the sign ahead-"No straight throughway (between 7-9am Mon to Fri". (All english Sign might I add) at Dundas & Shaw. (**Proceed Contrary Sign Intersection -HTA-144(9). 4 months prior to her court date in November, I requested disclosure 3 times prior to her original court date in November/09. We didnt recieve no disclosure until the day of the trial in November/ 09, so I had to set a new trial date so to give me time to review disclosure, But what they provided to me was not complete disclosure, readable or photo-copied correctly, so I had to request disclosure again for the 4th time. Last week I recieved 2nd disclosure from Prosecutors office, however this time it was what they originally gave me, but again, incomplete as I originally requested disclosure, using exactly whats on the ticket combat disclosure request form, asking for typed notes, witness statments, and all other important information to defend her on this charge, etc.. all I got from them was a small drawn map showing where the intersection was and where cop was and a somewhat readable copy of her ticket.. Thats all disclosure I got..after requesting disclosure 5 times previously --and it's still incomplete from what ticket combat site says I need to recieve, to allow me to defend my mom.(ie: No witness statments, copy of back of ticket, statments she gave(if any),no by laws, pictures, typed copy of officer's notes, etc..) Should I be requesting disclosure again--6th time?? OR is it too late already? as they cant prepare it all within 5 weeks as we're going on Christmas break now aren't they? My Mom's court date is in 4-1/2 weeks in January 2010, and everytime I requested disclosure I'm told we wont have nothing ready for 8-10 weeks.. I was going to defende her case as the sign was all in english and I have read here, that the French Service Language Act stated this sign was illegal so with my evidence I've collected, I should win.. as we are in a French Service Language Act area of Ontario that should be using BOTH French and English Signs.. What does anyone think of this? Think It will be successful? I think I have quite alot of evidence proving this.. but without complete disclosure, what should I do now?? Also-- Should I file a B-11 Motion as original trial date was set within 8 months of ticket, then I had to set another trial date set in January 2010, to allow me to review what disclosure they provided to me, which was and is still incomplete.?
Topic
2nd Disclosure-5th request-still missing info-what to do?
Thank You. I sure wasnt going to allow my Mom to defend herself, when I too agree the prosecutor did seem to be telling me, IF that trial was going to be held over.. The next one my Mom would have to attend, without me to help her... Certainly WOULD have been a biased trail as the prosecutor seemd to dwell on, a few times. I've never met such equilateral abuser of her position (and the justice system ... or any system) in my life! I hope one day she makes an error in driving ( :twisted: or maybe her taxes), and has the book thrown hard at her, :shock: I'd like to see how she feels about someone as abusive as i feel she acted towards my 80 year old mother, to not allow her the RIGHT, to proper defence on such a honest error in judgment as she was charged on. If (from what I'm hearing in Toronto,) police are so needy to have to reach a quota on tickets issued, they should be allowed the judgment call of giving someone a warning, :roll: especially when the officer saw she's not from Toronto, but elsewhere in the province. I hope the cop and prosecutor felt good about ganging up on her so she couldn't properly defend herself, then to pressure her into confessing guilt, so they could all go home in time for the weekend to start. I know I'd do it all again, :P even if just to be the moron that ruined thier weekend. :evil:
racer wrote:
In any case, congratulations on a hard win!
Thank You.
I sure wasnt going to allow my Mom to defend herself, when I too agree the prosecutor did seem to be telling me, IF that trial was going to be held over.. The next one my Mom would have to attend, without me to help her... Certainly WOULD have been a biased trail as the prosecutor seemd to dwell on, a few times.
I've never met such equilateral abuser of her position (and the justice system ... or any system) in my life!
I hope one day she makes an error in driving ( or maybe her taxes), and has the book thrown hard at her,
I'd like to see how she feels about someone as abusive as i feel she acted towards my 80 year old mother, to not allow her the RIGHT, to proper defence on such a honest error in judgment as she was charged on.
If (from what I'm hearing in Toronto,) police are so needy to have to reach a quota on tickets issued, they should be allowed the judgment call of giving someone a warning, especially when the officer saw she's not from Toronto, but elsewhere in the province.
I hope the cop and prosecutor felt good about ganging up on her so she couldn't properly defend herself, then to pressure her into confessing guilt, so they could all go home in time for the weekend to start.
I know I'd do it all again, even if just to be the moron that ruined thier weekend.
I've always lived by the rules of Nature. Its the other ones you need to Be Aware of..
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He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
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