Hello, Just to be clear here - I am not here seeking any legal advice; I am just inquiring what can be done when prosecutors change their position on disclosing evidence they said they had and would be giving it to me. I was charged with an offence (I would rather not say what it is on here publicly). When writing up the ticket, the police officer said that the infraction was recorded on the police cruiser cam. I wanted to dispute the charge and I wanted to go to trial or plea guilty with an explanation. The intake clerk at the court told me to fill out a "disclosure request form" which I did on the very same day when I requested a trial. The clerk who took my form said that a prosecutor would review my request and give me any video if it is deemed relevant. On my first appearance, the two police offers (the officer who ticketed me and his partner who was with him in the cop car) showed up in court. The prosecutor said that the video evidence was not necessary because the evidence the two officers would be giving would be sufficient eye-witness accounts. The case was then adjourned and the judge told me to speak to an agent or a lawyer. I have spoken to a few lawyers and paralegals (ie. free 30 minute consultation), they said that there was a recent high-profile case where this dash cam issue was front and centre. It was written about it here: https://www.thestar.com/news/gta/2016/1 ... years.html And after running a quick Google search, I see that this person ultimately won the case: http://www.lawtimesnews.com/20170612622 ... ith-jordan The lawyers said that case was won on some complex legal technicalities that experienced lawyers should handle. Anyway, for my case, they said they can do something called a "Stinchcombe application". I am told this is basically a legal move that would ask the judge to make an order to the prosecution to disclose the video. They also mentioned that this would be an expensive process because it requires ordering of transcripts and stuff that would cost me hefty. Look, I am looking at losing 6 demerit points, a possible license suspension, a huge increase insurance, possible loss of my job (my job requires that I have a valid driver's license) and a whole lotta other stuff if I am convicted of this bogus charge. What the prosecutors are doing is just plain wrong and unethical in my opinion. They just can't say they have a video of me committing an offence and then not give to me.... but all the lawyers I have spoken to said that "the prosecution can meet its burden on the testimonial accounts of the officers even without disclosing the video", whatever this means. Can anyone offer some insight? Thanks!
Hello,
Just to be clear here - I am not here seeking any legal advice; I am just inquiring what can be done when prosecutors change their position on disclosing evidence they said they had and would be giving it to me.
I was charged with an offence (I would rather not say what it is on here publicly). When writing up the ticket, the police officer said that the infraction was recorded on the police cruiser cam. I wanted to dispute the charge and I wanted to go to trial or plea guilty with an explanation. The intake clerk at the court told me to fill out a "disclosure request form" which I did on the very same day when I requested a trial. The clerk who took my form said that a prosecutor would review my request and give me any video if it is deemed relevant. On my first appearance, the two police offers (the officer who ticketed me and his partner who was with him in the cop car) showed up in court. The prosecutor said that the video evidence was not necessary because the evidence the two officers would be giving would be sufficient eye-witness accounts. The case was then adjourned and the judge told me to speak to an agent or a lawyer.
I have spoken to a few lawyers and paralegals (ie. free 30 minute consultation), they said that there was a recent high-profile case where this dash cam issue was front and centre. It was written about it here:
The lawyers said that case was won on some complex legal technicalities that experienced lawyers should handle. Anyway, for my case, they said they can do something called a "Stinchcombe application". I am told this is basically a legal move that would ask the judge to make an order to the prosecution to disclose the video. They also mentioned that this would be an expensive process because it requires ordering of transcripts and stuff that would cost me hefty.
Look, I am looking at losing 6 demerit points, a possible license suspension, a huge increase insurance, possible loss of my job (my job requires that I have a valid driver's license) and a whole lotta other stuff if I am convicted of this bogus charge. What the prosecutors are doing is just plain wrong and unethical in my opinion. They just can't say they have a video of me committing an offence and then not give to me.... but all the lawyers I have spoken to said that "the prosecution can meet its burden on the testimonial accounts of the officers even without disclosing the video", whatever this means.
The video can do nothing, add evidence of you guilt, or exonerate you. If two officers offer strong testimony against your weak testimony (especially one that contains an admission of guilt) then that would be enough to convince a JP that you are guilty beyond a reasonable doubt. However, one way or another if you exercise all of your legal muscle and if it exists the video must be given to you or you can ask for a stay of the charges so that your right to a full answer and defense of the charges is not compromised. You ask for the video in your disclosure request prior to the beginning of the actual trial. Resend and document additional disclosure requests. If the prosecutor does not turn it over then object at the beginning of the trial that you have not received full disclosure. Ask the JP to order the prosecutor to turn over the video or stay the charge.
The video can do nothing, add evidence of you guilt, or exonerate you.
If two officers offer strong testimony against your weak testimony (especially one that contains an admission of guilt) then that would be enough to convince a JP that you are guilty beyond a reasonable doubt.
However, one way or another if you exercise all of your legal muscle and if it exists the video must be given to you or you can ask for a stay of the charges so that your right to a full answer and defense of the charges is not compromised. You ask for the video in your disclosure request prior to the beginning of the actual trial. Resend and document additional disclosure requests. If the prosecutor does not turn it over then object at the beginning of the trial that you have not received full disclosure. Ask the JP to order the prosecutor to turn over the video or stay the charge.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
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Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
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Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
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Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
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Right after the car in front me went through the stop sign,…
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This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
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I was assisted out of the vehicle by the driver who was behind me.
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Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
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Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
