No Disclosure - Made A U-turn At A No U-turn Intersection

Failing to obey a stop sign - Highway Traffic Act section 136(1).
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nometalgear
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No Disclosure - Made A U-turn At A No U-turn Intersection

Unread post by nometalgear »

The only issue I have here is that the ticket was dated back in 2022 June, my court date is not until the 20th of Nov 2023 (more than 1 year).


- I am under the impression that if a ticket is more than a year old, then it's an automatic drop, is that true?

- What about the disclosure, I have requested it more than a month ago but haven't received it, there's also no proof that I have requested it since it was on their online form and I didn't get an email confirmation or anything.


Thanks for everyone's responses.


Best regards

DCamM
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Unread post by DCamM »

It may have been 1 year but it is 18 months now.

If you cause any delays within that 18 months, it doesn’t extend it.

If the Crown causes any delays, that’s good for you and it’s their problem … it doesn’t extend the 18 month period.

***I am not a lawyer, I have no legal qualifications and my opinions could well be wrong***.
nometalgear
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Unread post by nometalgear »

DCamM wrote: Sat Nov 11, 2023 1:37 pm

It may have been 1 year but it is 18 months now.

If you cause any delays within that 18 months, it doesn’t extend it.

If the Crown causes any delays, that’s good for you and it’s their problem … it doesn’t extend the 18 month period.


Thanks DCamM,


How about the disclosure issue, they have not sent it yet, what is my legal argument if court date comes and I still haven't received the disclosure?

bend
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Unread post by bend »

When did you receive your Notice of Trial?


You requested disclosure 1-2 months before your court date. It's not exactly what they'd consider an ample amount of time for turnaround on your request.


What will likely happen is they'll offer you a copy on your court date.


They'll probably push to proceed, you'll argue that you need time to prepare, and then your court date will probably be pushed back.

nometalgear
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Unread post by nometalgear »

bend wrote: Sat Nov 18, 2023 4:15 am

When did you receive your Notice of Trial?


You requested disclosure 1-2 months before your court date. It's not exactly what they'd consider an ample amount of time for turnaround on your request.


What will likely happen is they'll offer you a copy on your court date.


They'll probably push to proceed, you'll argue that you need time to prepare, and then your court date will probably be pushed back.



I received the letter of my court date begenning of september. However I didn't request the disclosure only until begenning of October.


Also, I requested the disclosure via email as described in the court date letter and not via a form as described in the ticket itself.

nometalgear
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Unread post by nometalgear »

Bumping this post as my trial is in two days. I was hoping to get some direction, If they provide me with disclosure the day of the trial, can I still ask for a reschedule? if so how should that look like? I haven't received anything yet.

nometalgear
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Unread post by nometalgear »

I just found out that the ticket have my address wrong, instead it states the vehicle owner address not mine (I was driving someone else's car). Will that help me in defending the ticket by casting doubts at the officer's accuracy and truthfulness of facts?

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