Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 3 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Failed to file Disclosure Request, How to Proceed at Trial?
Author Message
PostPosted: Mon Jul 15, 2013 3:45 pm 
Offline
Newbie

Joined: Mon Jul 15, 2013 3:36 pm
Posts: 2
Hi OHTA,

I have a trial date tomorrow morning in Brampton for an "Improper Muffler" HTA 75 (1) ticket. I did not realize that the court date was indeed a trial date and not a first appearance. I am going to challenge this ticket with a plea of not guilty and would like disclosure. How should I proceed?

Should I request an adjournment and explain my reasoning?

Am I likely to receive an adjournment?

Should I prepare to challenge the ticket tomorrow in case an adjournment request is rejected?

Is there something else I should be doing and/or consider doing to continue to fight this ticket with disclosure?

Thanks,


Top
 Profile  
 
Re: Failed to file Disclosure Request, How to Proceed at Tri
PostPosted: Mon Jul 15, 2013 4:20 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 682
The "Notice of Trial" that was sent to you is just that. You'd better be prepared to proceed tomorrow. You can always request an adjournment but the JP may not grant it. If it is granted to you, any delay in the trial will be credited against you for any delay arguments. Disclosure for most HTA offences usually consists of the officers notes and that's pretty much it, they may be able to give you a copy on the spot if you ask the prosecutor early.


Top
 Profile  
 
Re: Failed to file Disclosure Request, How to Proceed at Tri
PostPosted: Mon Jul 15, 2013 5:39 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1063
What's been posted is a exactly what you should expect.

It can be adjourned and you can receive disclosure, or you will be told you've had opportunity and your trial date is not the time or place to be requesting disclosure at the last second.

Either that or they give you disclosure right then and there. It won't be enough time for you study and make a defense, but then again you didn't give the prosecutor enough time to prepare you with disclosure.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Failed to file Disclosure Request, How to Proceed at Trial?

Carthik

0

818

Mon Jul 15, 2013 3:44 pm

Carthik View the latest post

There are no new unread posts for this topic. can I request adjournment to file an 11b?

rooferdave

3

1799

Tue Aug 07, 2012 4:56 pm

rooferdave View the latest post

There are no new unread posts for this topic. HTA 144(12) Green light failed to proceed

tzj

1

1774

Wed Nov 24, 2010 4:59 pm

OPS Copper View the latest post

There are no new unread posts for this topic. No time to file for disclosure

cavcasie

8

1186

Tue Sep 08, 2009 2:29 pm

Radar Identified View the latest post

This topic is locked, you cannot edit posts or make further replies. Disclosure requested 3x, want to file a motion

zeeden

11

2857

Wed Dec 08, 2010 12:46 am

zeeden View the latest post

There are no new unread posts for this topic. Disclosure -printout of digital file-acceptable ???

gramada2

6

562

Sun Oct 27, 2013 6:55 pm

gramada2 View the latest post

There are no new unread posts for this topic. Any way to request a trial without going in?

UnluckyDuck

5

431

Thu Feb 25, 2016 3:52 am

argyll View the latest post

There are no new unread posts for this topic. Failed to stop sign, trial tomorrow. Am I ready?

ggman8988

7

581

Mon Apr 17, 2017 1:43 am

argyll View the latest post

There are no new unread posts for this topic. how to request a trial date?

dgs

4

1156

Mon Mar 16, 2009 7:18 pm

FiReSTaRT View the latest post

There are no new unread posts for this topic. Can I request new location for trial?

jlramirez04

1

523

Tue Aug 10, 2010 6:05 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Court lost request for trial

morta

4

860

Mon Oct 01, 2012 10:35 pm

admin View the latest post

There are no new unread posts for this topic. Already got a roadside break... should I request trial?

solidbs

5

739

Sun Sep 15, 2013 11:01 pm

bend View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.