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Ontario Highway Traffic Act

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Fail to obey stop sign sec. 136(1)(a)--> UPDATE
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PostPosted: Sun Dec 07, 2008 11:14 pm 
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Hello, well, went to my trial date and the police was there, I know there was a very slim chance that he wouldn't show up...anyways, I indicated I did not recieve the disclosure that I requested since I only gave 2 weeks in advance of my trial date so the Judge gave me another date to appear in court to set up my trial date...so does that mean I have a month time to get my disclosures and analyze it and determine if I want to proceed to trial? and on that day, will I get to choose my own date for trial? The cop was mentioning that he had caught me on video again and he seem pretty sure of himself after reading his note pad...I mean, I did stop, just not for the 3 full seconds,,,So, what do you all think? what should I do? And what is this chartered motion people keep telling me about?
Thanks ^_^


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PostPosted: Mon Dec 08, 2008 12:50 pm 
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Hold on! You didn't mention the three second rule before. Make sure you get a copy of that video. Insist upon it. Typically new cops remember their Young Driver's of Canada training. They mistakenly write tickets to people who don't stop for 3 seconds. There is NO legal requirement to stop for 3 seconds. Stop is stop. Even if it is for 1 billionth of a second, it's a stop. You then proceed with caution. As long as you did that, the charge is toast!

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PostPosted: Mon Dec 08, 2008 7:43 pm 
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The cop wrote down that you didn't "stop for the full 3 seconds" or words to that effect?! HA! If there's any indication that you came to a complete stop, you are not guilty. Should be a piece o'cake beating this one.


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Fail to obey stop sign sec. 136(1)(a)--> UPDATE
PostPosted: Mon Dec 08, 2008 11:53 pm 
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Oh, no, no,,,the cop didn't say anything like that, I just overheard a conversation in court someone saying that the stop had to be 3 seconds...sorry for the misunderstanding. The cop just said he caught me on video. So now I have followed TICKETCOMBAT's advice and used his form to request for disclosure and since I did it 2 weeks before my trial date, the judge gave me a date to attend to set a trial date??? I guess that is to review the disclosure the procecuter will give me. So, now the question is, if I don't get the disclosure in time, that is before that date,,,what do I do???
HELP!!!
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PostPosted: Tue Dec 09, 2008 3:25 pm 
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Your next court date is to meet to schedule a trial date. Yeah I know. And people wonder why the courts are backlogged! If you don't receive disclosure you can raise the issue then: "Your worship, what's the point of scheduling a trial if I haven't received disclosure by now?"

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