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Disobey Sign 182(2).....Adjourned...!! :cry:
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PostPosted: Thu Jun 04, 2009 12:29 am 
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Well I have a few questions about how I should proceed with this charge.

I am acting as my wife's agent, and although I'm not a lawyer I and familiar with court procedures and have gone to a few trials (all successfull outcomes!)...

My wife was charged with Disobey Sign 182(2). She made a Left hand turn when a sign prohibited it.... Pictorial sign only. I was all set for trial today and I was laughing all the way to the court room. I thought I had them. I had sent them 2 disclosure requests, one October 10, 2008, and one May 15, 2009, both registered mail, and had receipts and signatures of recieval printed from Canada Post website. I had received nothing. The Crown asks me what I want to do, and I tell her Trial. She sees my clients name and says, "Oh, I know who you are!", sounding as if she knows of my very detailed disclosure requests and the fact I have not received them. She says, "Ok I will be with you in a few minutes." She saves me for very last and runs a few trials prior to mine. When its my turn she says, there is only 20 minutes left in court. (How convenient) My trial was 1:30 and now its 2:40, she talks with the justice and forces my trial to be adjourned. I know I had them with section7 and with the fact they couldn't prove any law was broken because I'm sure they didn't have a certified copy of that by-law to present to the court today. I approach the bench and ask if I am entitled to any motions at this point and the "Justice" says no. We agree on a new trail date 3 months away. At the end of that the Crown asks me in front of the "Justice" if I want disclosure now, and that I could follow the officer out and HE will give it to me. I say, Yes for a couple of reasons. I'm not sure if that question is actually in the minutes of the trial to be used against me in future should I try and stay the trial; and I also know that I am only getting the copy of the officers notes and nothing else. I follow the cop up to the copying room and as he is copying his notes the clerk tells me I must fill out "their" disclosure request form or I will not get any disclosure today. Why do I have to fill out "their" disclosure form? What happened to my previous froms? previous submition is not good enough lol... I can see my clients name on their computer screen and can only assume its in there to show they have received a disclosure request, but, I could be wrong. Those sheets are to generic and I tell her "No, I will send in another request." The cop was pissed and ripped up the copies and threw them in the garbage as I walked away.

Question 1 -- Did I make a wrong move here? I figure if I send another request they will probably not send my disclosure as they have already failed to twice in the past.

Question 2 -- Should I make a Charter Application for a Stay in regards to section7 as well as 11a with Form 4F, a Factum, and an Affidavit.?

Question 3 -- Since I am not the defendant, but my wife, am I required to get her to accompany me to the courthouse to file the charter application
so everything has HER signature on it? Am I to late for a Charter App since this disclosure fiasco was offered to me?

I know its long winded....thanks for taking the time to any who respond. I must admit the Crown played me perfectly as I felt like a newbie and was left there thinking....now what?


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PostPosted: Thu Jun 04, 2009 7:24 am 
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Quote:
Question 2 -- Should I make a Charter Application for a Stay in regards to section7 as well as 11a with Form 4F, a Factum, and an Affidavit.?


How long between the infraction date and the new trial date?

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PostPosted: Thu Jun 04, 2009 9:47 am 
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Just over 13 months...


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PostPosted: Thu Jun 04, 2009 10:13 am 
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13 month's for a disobey sign??????? Yes file the 4F.

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PostPosted: Thu Jun 04, 2009 10:47 pm 
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This charge was in Toronto....you think I can get a stay on this in 13 months....original tral date was scheduled 11 months after infraction?


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PostPosted: Fri Jun 05, 2009 7:27 am 
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The wording is that as long as you, the defendant, are not the cause of the delay's, you have the right to a speedy trial. That being said some area's have their own definition of what is speedy. The best you can do is file the form 4F, 15 days before the next trial date, and see what the JP thinks.

Side note: While I was fighting my last ticket, there was a military fellow who filed his 4F, 14 days before the trial. The JP was adament about the fifteen days......However, my trial was before his and somehow my questioning took too long, :lol: so he got an adjournment.......the fifteen day lead time is now intact.

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PostPosted: Wed Sep 02, 2009 8:15 pm 
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Went to court on August 31, 2009...finally.....I did not file the Form 4F, I made a motion for a stay prior to entering a Plea and the Justice asked me if I filed the paperwork (Form 4F). I told him I had not, and explained the three attempts to get disclosure.......Atfer a 10 minute recuss back and forth between myself and the Crown the Justice granted me a Stay.....

Justice Served..!!


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