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Ontario Highway Traffic Act

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PostPosted: Wed Nov 19, 2008 9:57 pm 
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Location: Planet X
Yes it will work. You're not a lawyer. You didn't know anything about disclosure. Doesn't mean you're not entitled to it.

The crown knows about disclosure. The crown sent you a notice of motion weeks ago. The crown knows it has in its custody an affidavit it is relying on. The crown was required to give you a copy of it. You're only going to get to see it once you are before the court. How can you defend yourself against it without time to prepare a defence?


Do not agree to a new date under any condition. The judge might order one even if you opose it.

On what date were you charged?

On what date in January is the trial?

You have to have a trial within 8 to 10 months. If you agree to a new date the delay byond 8 to 10 months doesn't count because you agreed to it.

Do not agree to it.

If the judge sets the new trial day beyond the 10 month period, even if you oppose the new date, it means you can move for a stay of the charge due to delay.

However, We don't know for a fact that this is what the crown will be requesting. We're only guessing at this point.

Request an adjounment of this motion once the crown produces the Affidavit. You need time to seek counsel. This delay doesn't affect your trial date in January since that trial date is already set.

The crown is trying to convict you. Don't do them any favours.

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PostPosted: Wed Nov 19, 2008 10:41 pm 
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Charged on September 11...

Trial date is for Mid January....

Notice of Motion date is November 25 (next week)...


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PostPosted: Wed Nov 19, 2008 11:04 pm 
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Request an adjounment of this motion once the crown produces the Affidavit. You need time to seek counsel. Do not answer any other questions in court. You want to consult counsel. Period.

Get a copy of the cops affidavit. Do not leave the courthouse until you get it.

Request the new date for the motion to be heard as far off into the future as you can.

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PostPosted: Thu Nov 20, 2008 7:30 pm 
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Location: Ontario
It sounds like the prosecutor is looking to change your trial date in January. The Affidavit may be from the officer stating a reason why he cannot attend your trial. You should go on November 25. It will show you are actively engaged in the process and not just a silent bystander.

You could book both days off work, November 25 and the trial date in January. But do it now. At the hearing of the motion, let the prosecutor present its case. When asked if you have any objections to a new date, you could reply “I have concerns about booking another day off of work.” Maybe if you’re lucky, and you have a sympathetic JP, and the wind is blowing in the right direction, the motion will not be allowed (i.e. unduly onerous on you). But don’t count on it. If the officer can’t attend your trial in January, then there is no witness and the prosecutor has no case.

Let us know what happens and good luck.


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PostPosted: Sat Nov 22, 2008 1:34 pm 
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Imax makes some great points. My experience in Mississauga is that they fill a court room with 75 people for "pre-trial" which amounts to simply scheduling a new trial date. It is a complete waste of court time.

Make sure you fax in a serious disclosure request before the court session including a request for the affadavit.

A couple of strategy points on top of Imax and lawmen's great suggestions. You need to indicate that you are dissatisfied with the pace. This is a relatively simple matter that should be tried quickly. You are apprehensive about the charge and want to clear it as quickly as possible. Mention you have already booked time off work. Then become unavailable in the Spring. In other words, you want an earlier date, you've booked the time off and the only other available date for you is WAY down the road beyond 10 months. This long delay is totally the fault of the prosecutor.

Now the warning: they may try and schedule it forward. But you can then ask the prosecutor to commit to giving you everything you asked for in disclosure several weeks before trial. Without that, you can't prepare your defence and moving the date up is pointless.

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PostPosted: Tue Nov 25, 2008 9:56 pm 
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UPDATE:

So today was the date, the reason for this motion was because the cop has a criminal court case on the schedule day of the trial and that takes precedence...

so luckily i wasn't first, and i figured out what was going on....

a) negotiating a settlement on the spot
b) moving the court day to a week or 2 from now...

My friend got this ticket just before he left to go study law in england for 3 years, it is a 40 km/h ticket....
i was offered a 20km/h over ticket...i refused and stated i needed to maintain that date since that is when my friend will be back for his court date (even though he won't)

everybody in that room got their court date moved to next week or the following week...i was the only one who got it scheduled for 3 days prior to the original one...so it is still in january...but most likely my friend will not be here...

so i'm hoping:
a) the cop does not show up because i might be only ticket on that day
b) the cop does not show up because he has to prepare for his criminal court case for right after the weekend

but for now, i'm going to send in a disclosure request (should i put down that i want a copy of the affidavit?)


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