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Is my application for Stay still valid? Next move?
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PostPosted: Tue Apr 13, 2010 11:17 pm 
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Joined: Tue Oct 20, 2009 5:48 pm
Posts: 23
Just a quick summary of my situation:
- I got a Failing to Stop 136 (1)(A) ticket on Oct 18th 2009.
- Applied for a court date on Oct 26 2009.
- First request for a disclosure on Nov 13 2009.
- Got my court date in the mail on Dec 8 2009, trial scheduled for April 29 2010.
- Second request for disclosure on Dec 14 2009.
- Third request for disclosure on Feb 03 2010.
- Got a letter in the mail asking to pickup my disclosure dated Mar 2 2010, picked it up on Mar 4 2010.
- Requested for additional disclosure as initial disclosure did not include typed copy of officer notes and the position of the officer's cruiser and other cars on Mar 10 2010.
- Filed for Stay on Mar 30 2010
- Got a letter in the mail asking to pickup my additional disclosure dated April 12 2010, picked it up on April 13 2010.
Btw, the trial and offense happened in York Region.

The problem is that in my additional disclosure request I asked for specific questions to be answered by the cop as the answers to these question are crucial to my defense (as this could have hinder his view). Furthermore, I asked for the officer's notes to be typed up and not to use any abbreviations in the typed up version as there are lots of it in the hand written one.
All I got in my latest additional disclosure is EXACT copy of a typed up version of officer's hand written notes with all the abbreviations, just today and my court date is in about 2 weeks.

My question is, since they did not really provide all I asked for should I send in another disclosure request?
Also, since my court date is in two weeks is my "Stay" still valid or with this inadequate additional disclosure the "Stay" is nullified? It's too late to file another one as the 15 court days are long passed.

So what is my next move?

Thanks alot for helping.


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PostPosted: Wed Apr 14, 2010 7:14 am 
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Joined: Thu Mar 18, 2010 9:39 am
Posts: 254
Location: The Valley
The time to get specific answers to question is cross examination.

As for the officers notes, abbreviations are his notes, that's what you get.

I highly doubt you'll get a stay.

Be prepared for trial.


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PostPosted: Wed Apr 14, 2010 1:31 pm 
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Joined: Tue Oct 20, 2009 5:48 pm
Posts: 23
any arguments to get the Stay stick?


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