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Ontario Highway Traffic Act

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Forced trial
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PostPosted: Wed Sep 18, 2013 5:35 pm 
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Joined: Wed Sep 18, 2013 5:24 pm
Posts: 2
I had a trial for speeding last week. I asked for my disclosure three times and I did not receive anything.

My plan was simple. Go to court, ask for a stay due to lack of disclosure. I wasn't really expecting my charges to get dropped, but I was expecting the officer to give me the disclosure and get an adjournment to prepare.

I looked at every officer in the court room and outside and I did not see the officer that convicted me. I decided to test the water and try to see if the officer is present by proceeding. This might have been a BIG mistake. I was called up, here is how it went:

JP: are you ready to proceed?
Me: yes
JP: how do you plead
Me: not guilty
JP: calls the officer from a different court room
Me: made my motion to stay charged
JP: denied

From here on the JP sent me out with the officer and refused to adjourn the case. I was forced to go to trial 30 mins later. I argue it was unfair but the JP would not hear it. All in all I ended up guilty.

I know I should have asked for disclosure and adjournment before I entered my plea, but I was so happy that the officer might be away it clouded my judgement.

Do I have grounds for appeal since I brought up my disclosure AFTER I entered my plea?


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Re: Forced trial
PostPosted: Thu Sep 19, 2013 12:12 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1063
When were you charged and when did you originally request disclosure?


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Re: Forced trial
PostPosted: Thu Sep 19, 2013 11:07 pm 
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Joined: Wed Sep 18, 2013 5:24 pm
Posts: 2
I requested my disclosure a month after I requested trial, when I got my trial date and a month after I got my trial date.

The JP did not question if I requested my disclosure or not. He simply ditn't see why I would need more than 30 mins to prepare my defense after disclosure was provided to me by the officer in the hallway. Actually I spent 10 minutes talking to the officer so I only had 20 mins to analyze it. He said since I stated "yes" to his "are you ready to proceed" I should have been ready. Like I said I entered my plea, and right after I brought up my lack of disclosure. Was that a BIG mistake?


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