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Ontario Highway Traffic Act

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not enough time to request disclosure
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PostPosted: Thu Jun 18, 2009 8:12 pm 
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Posts: 14
hi! i've been reading posts about the importance of requesting disclosure and also the amount of time it takes to get one.

here is my problem:
i just got my notice in the mail and it was issued june 12. the trial date is july 8... i thought it was for 2010 but it is NOT, its 2009!

so obviously, if i request one today it will be impossible to get it on time.

second question:
is it worth it to request one? i was charged HTA 144 (12) "green light - fail to proceed as directed" the officer told me that there is no demerit points for this offence.

here's what happened:
i was in downtown, eastbound on harbour st., making left on to bay st. the two left lanes as far as i can remember are both left turn lanes. i always stay in the middle lane when turning left to bay st because i have to turn right onto the gardiner on ramp. that day, after i turned left to bay a cop pulled me over and said to me that the middle lane is no longer a left turn lane, only the outside lane can make left turns. he also said that the signs have been changed 2 months ago when the lanes were changed. i did not pay attention to the signs since all the cars in my lane were turning left. it was rush hour in the morning so traffic was really slow... there were a couple of cars on the side pulled over and getting ticketed because there are two cops pulling up cars.... when i asked the cop how come the other cars were not being pulled over, he said that there are only two of them and they cannot pull everybody over.

so, since there are no demerit points... should i still ask for disclosure or just head to court right away hoping for the cop not show up or otherwise request for fine reduction if the cop shows up?

TIA


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Re: not enough time to request disclosure
PostPosted: Thu Jun 18, 2009 9:09 pm 
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Posts: 2933
Location: In YOUR rearview mirror!
rbee wrote:
.... when i asked the cop how come the other cars were not being pulled over, he said that there are only two of them and they cannot pull everybody over.


kinda like fishing....can never catch em all

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: not enough time to request disclosure
PostPosted: Thu Jun 18, 2009 9:15 pm 
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hwybear wrote:
rbee wrote:
.... when i asked the cop how come the other cars were not being pulled over, he said that there are only two of them and they cannot pull everybody over.


kinda like fishing....can never catch em all


so i guess, im the catch of the day! or one of the catches of the day!


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PostPosted: Thu Jun 18, 2009 10:47 pm 
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Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
You may see other fishes he caught on that day in the same court room, so stay back and watch how the prosecutor deals with other fishes then decide.

I would be worried more about insurance implication, not sure if there is.
Do you know? if not call your insurance anonymously to find out.

This seems not a serious violation compared to stop sign or speeding, but i don't think the prosecutor will voluntarily drop the charge, so i would send out a request for disclosure just to be on the safe side. The other options such as plea bargain, cop no-show will still be pretty much on the table when you are in court.


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PostPosted: Mon Jun 22, 2009 1:00 pm 
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that's the problem i don think i have enough time to request for disclosure... why so short notice?

have anyone seen this before?


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PostPosted: Thu Jul 02, 2009 5:56 pm 
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Location: Guelph, Ontario
You can still TRY to get the disclosure and NOT get it. Works better for stay applications.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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