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Ontario Highway Traffic Act

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Failure to Obey sign - Disclosure-Need help
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PostPosted: Mon Feb 02, 2009 1:52 pm 
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This is kind of a continuation to my case earlier.
I used ticketcombat's advice and used the form to request for disclosure(Great site by the way). But all I recieved was 2 pages that includes a photocopy of the ticket and 2nd a page indicting officers short hand note of what happened that day, and a note pertaining to the video I requested stated that the video has been rounded by video service for 1 year. So, does that mean, the officer does not have a copy for me or do I have to go and obtain it with video services?, how do I go about that? I have about 3 months to deal with my case as of today...Please help!!!
Thanks in advance


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PostPosted: Mon Feb 02, 2009 2:37 pm 
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I'll bet dollars to donuts there is no video...... If you cannot secure it then ask for a dismisal based on lack of disclosure.

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PostPosted: Mon Feb 02, 2009 6:20 pm 
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I'm not sure what "rounded for 1 year" means. Whether the Crown or the police have it, it is the Crown's duty to disclose it to you. Send another letter restating your request, indicate that you believe there is evidence that will exonerate you and you must have it in order to prepare for trial. Also note in your letter that there is barely enough time left for you to prepare your defence and a response is requested urgently. Hopefully you won't get anything and can argue improper disclosure.

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PostPosted: Mon Feb 02, 2009 8:42 pm 
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We do not have video, but maybe something like our communication centre, lines are taped and only kept for a certain period of time then are used over again.

Or like most businesses that have video, they record a video and it is recorded over again. Some are continuous 24hr recording loops.

If nothing happens, not really a need to keep videos around to collect dust.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Mon Feb 02, 2009 9:25 pm 
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If that tape was re-recorded over before trial that would be destruction of evidence...... and that's criminal... :evil:

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PostPosted: Tue Feb 03, 2009 2:31 pm 
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Thanks all for your input and support!!! I'm just guessing on one of his wording really...its hard to read his writing, this is what I make of the officers note: video for this offence has been round by video services. 1 year retention period at present...
Any additional tip may be great!


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PostPosted: Tue Feb 03, 2009 3:36 pm 
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Do yourself a favour and get in touch with video services. However, if there is a video then it should have come with the disclosure package.

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PostPosted: Tue Feb 03, 2009 7:28 pm 
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Wouldn't asking for it in disclosure be sufficient to get the video proof? Makes better case for an incomplete disclosure (unless there truly was no offense)...

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