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Ontario Highway Traffic Act

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Need Advice on Ticket
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PostPosted: Wed Mar 05, 2014 1:39 pm 
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So here's my situation, any advice would be appreciated.

On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed clarification, but there was no explanation as why the other things I requested were missing
In early and late February I faxed in two more requests for the information, no response
On Feb 25, 2014 I went to court, went to the prosecutor, and they offered me a deal of 15 over, no points. I said I had asked for clarification on the notes and she called over the officer to take me outside to explain the notes. We stepped out and he explained his notes and promptly said "you can either take the deal, or we can reschedule but the deal will be off the table, sit out here and think about it". So I thought about it, and he came back and asked me "what would you like to do?", I said "I don't know". He then offered to schedule, and the deal will still be there, just so I don't feel pressured. He seems like a very firm cop, but reasonable at the same time. I thanked the cop and shook his hand.

We went in, and the prosecutor called my name. After she promptly asked "What would you like to do?" (didn't ask for a plea). I said "I have just received clarification on the officer's notes, and would need more time to review them". And then JP and Prosecutor were fine and rescheduled the date to June 20 (a year, less 6 days from my offense date).

Now I don't know what to do... I called my broker and because I don't have a G license and that I'm under 25, my premiums will go up. I could file an 11b, but I was kind of late on my disclosure request and it wasn't made clear during the trial who's fault it was for the reschedule. Although, I could argue it...

I honestly don't mind paying the fee... I just can't afford my premiums to go up so much. I don't have much of a defense based on the disclosure... I mean I know there's a diversion program for petty theft... is that applicable to speeding tickets too? Think I can cut a deal to do volunteer work, or pay money to a charity?

Or maybe I can file the 11b and talk to the cop on the day of for advice before court? Seems silly, I know... but the cop sat next to the prosecutor the entire trial (while other cops were waiting on the benches). Is that normal? He seemed to be reasonable... I don't want to make it seem like a slap in the face that to offer to reschedule and still have a deal and then I file an 11b.

Any advice would be appreciated... I know ultimately I have to make the decision...


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Re: Need Advice on Ticket
PostPosted: Wed Mar 12, 2014 4:29 pm 
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anyone? :s


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Re: Need Advice on Ticket
PostPosted: Wed Mar 12, 2014 4:55 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
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What date did you file the ticket for trial?


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Re: Need Advice on Ticket
PostPosted: Wed Mar 19, 2014 12:43 pm 
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the week after receiving it


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Re: Need Advice on Ticket
PostPosted: Thu Mar 20, 2014 8:01 am 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
11b may be successful. The tricky part is going to be who to attribute the delay. That would involve pulling transcripts and being prepared to argue that you could not have proceeded to trial without the officer going over the notes in that most people could not decipher what they contain. It could go either way so to put the odds in your favor I would hire a professional.


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Re: Need Advice on Ticket
PostPosted: Thu Mar 20, 2014 8:01 am 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
11b may be successful. The tricky part is going to be who to attribute the delay. That would involve pulling transcripts and being prepared to argue that you could not have proceeded to trial without the officer going over the notes in that most people could not decipher what they contain. It could go either way so to put the odds in your favor I would hire a professional.


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Re: Need Advice on Ticket
PostPosted: Thu Mar 20, 2014 3:29 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
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Rough Timeline
Code:
Jun 26, 2013      Received Ticket
Jul 03, 2013      Filed for trial
Early Oct, 2013   Receieved Notice of Trial
Early Jan, 2014   Sent Disclosure REquest
Late Jan, 2014    Picked up disclosure with no clarification
Early Feb, 2014   Requested additional disclosure
Late Feb, 2014    Requested additional disclosure
Feb 25, 2014      Trial date, received clarification for notes
Jun 06, 2014      New Trial Date
Jul 03, 2013 to Jun 06, 2014 = 11mths and 3 days

If we subtract 30-days for intake period that leaves us with 10mths and 3 days, which is within the guidelines set out by Justice Libman in R. v. Andrade

The crown requires 6-8 weeks to process disclosure requests, and it appears you've "just" met this requirement. You'll have to bring evidence of your multiple disclosure requests at your 11b motion. You'll also have to argue that on Feb 25, 2014 you were unable to proceed to trial because the crown failed with their disclosure obligations. You were unable to mount a defence and make a full answer to the charges.


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Re: Need Advice on Ticket
PostPosted: Fri Mar 21, 2014 11:36 am 
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Thanks to everyone that replied. I think I'll proceed with filing and 11b motion. Nothing to really lose at this point. Thanks for all the help! I'll let you all know how it goes.


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