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hand held device, it was only an ear attached bluetooth
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PostPosted: Wed Oct 22, 2014 4:05 pm 
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1. Is there any legal line that would allow me to read the officer's notes before the trial if I initially did not make any written request?

2. Actually the life is so hectic that I didn't remember to ask for Disclosure, I only find out lately that I had to do it as written request....(I only received the paper indicating time date of a trial but nothing from the prosecutor about the necessity of a disclosure for protecting my citizen wrights); When in court, I was denied the opportunity to read the officer's notes; the justice of peace didn't allowed even a very short time to read or see the officer's notes and she ruled the trial should continue. For them it wasn't important that I was not aware what they all knew(the judge, the crown attorney and the officer).
More than this when the officer was saying that he only supposed to see that I had such a phone on my hand, the prosecutor started to push him if he was sure or not so eventually he understood the given direction and started to say that he saw me with his own eyes. Though I always use my wright ear- attached blue tooth device, as I honestly tried to convince them. I have a duty to my job to always answer and this is the reason my blue tooth is always on.
I do not have to take the hand off the wheel and I am always both hands on the wheel as the law requires(Section78(1).My phone stays in my pocket , always.

3. Can you indicate me some legal precedent rulings on this matter?
Of course that trial was like I was a spectator and I did not get a chance to defend myself; all I said was overturn against me "Do you want to say that the office is lying?". "I didn't say this but the officer is a human being himself , and for this he is not out of mistakes". All was just to keep one down and silent.

I didn't feel my rights were protected too.
I have a clean record, never got in an accident though I drive for tenth of years.
Is not just about 280 dollars but about the way I have been treated, as being guilty and pushed towards the sentence without giving any possibility to protect myself. Even now, few days before the deadline of an appeal I still didn't received at home the judge decision so I am not able to file a good Notice of Appeal.

I appreciate an answer

Thank you
A.T/G.T


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Re: hand held device, it was only an ear attached bluetooth
PostPosted: Wed Oct 22, 2014 8:14 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
It seems as if English may be your second language and you didn't really understand the court process. The duty is on the defendant to know their rights; no one has to teach you them. If you knew your English was not good, you should have requested an interpreter. If you didn't know your rights, you should have retained a paralegal or lawyer (or done your homework). You decided to self-represent yourself and now you're upset that you lost because you didn't know what you were doing. At least the damage was minimal.

You certainly CAN try to appeal the decision, but it'll be quite difficult to win in the long-run, especially if the transcript shows that they offered you an interpreter or you turned one down. Secondly, even so, do you suppose you can win the re-trial? Did the JP SAY they would be giving out a written decision? The appeal time for a conviction only starts from the date of the verdict----so, if the verdict hasn't been rendered yet, then you should wait to find out if you're acquitted or not. Now, if you were already convicted in court then the time is already going and I doubt you'll be getting a written decision!


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Re: hand held device, it was only an ear attached bluetooth
PostPosted: Thu Oct 23, 2014 2:22 am 
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Joined: Wed Sep 19, 2012 1:44 am
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Alice T wrote:
1. Is there any legal line that would allow me to read the officer's notes before the trial if I initially did not make any written request?


You've had what I'm assuming is several months to make a request. Your trial is not a place to start preparing for your case. You chose to not request disclosure and waited until your trial to make that request. Requesting disclosure at your trial because you didn't do it earlier isn't something they have to bend over backwards for. Sometimes they will cut you some slack, but not always. If the JP wants to resume with a trial, you only have yourself to blame. Either you come prepared or you don't.

Alice T wrote:
(I only received the paper indicating time date of a trial but nothing from the prosecutor about the necessity of a disclosure for protecting my citizen wrights);


I'm not sure what you're trying to say here. It's not necessary to have disclosure in order to have a trial. It will be provided to you upon request as long as you haven't asked for anything they aren't obligated to fulfill and that you have provided them with enough time to process that request. If you're looking for someone to protect your interests, hire someone. The other side isn't going to do that job for you.

Alice T wrote:
When in court, I was denied the opportunity to read the officer's notes; the justice of peace didn't allowed even a very short time to read or see the officer's notes and she ruled the trial should continue. For them it wasn't important that I was not aware what they all knew(the judge, the crown attorney and the officer).


Unfortunately, it's not their job to teach you. Not everyone knows what to expect at a trial. You can either take it on yourself or hire a professional. Trials are lengthy, whether it's an open and shut case or not. It's not something that can be wrapped up in 5 minutes. There are other blocks of individuals scheduled in the court house right after you. Sometimes they don't have time to get you a photocopy and let you digest it all. It's your responsibility to deal with it BEFORE your trial, not during your trial.

Alice T wrote:
I didn't feel my rights were protected too.


Nobody stopped you from requesting disclosure from the time you received your notice of trial until your actual trial date. They can't make you proactive.

Alice T wrote:
Even now, few days before the deadline of an appeal I still didn't received at home the judge decision so I am not able to file a good Notice of Appeal.


Were you not already found guilty? Are you expecting some kind of transcript of the verdict? It's not coming. You can walk right out of your trial and go straight to filing an appeal. It's usually a single sheet where you fill in the blanks (name, address, etc). The only thing on an appeal form that requires any thought is your reasoning for an appeal.

You're treating this no different than your disclosure. Either you want to do it or you don't, but it's not going to fall into your lap.

My personal opinion? Don't waste your time with an appeal. Appeals require transcripts and they cost money. You're dumping more time and money into this conviction and your reasoning for an appeal isn't very good. Chalk it up as a lesson learned and move on.


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