I got a ticket for HTA Section 128 end of August in the Peterborough district (I live in Etobicoke). I had applied for a trial date through mail. Last week (December 4th) I received the Notice of Trial (Stamped Nov 30th) for a court date for January 7th. I wanted to apply for disclosure, but should I also apply for motion as well to move the date so I can review the disclosure. I remember seeing something about getting the documents 9 weeks before the trial, but they haven't even given that time, is that even fair? What should I do?
I got a ticket for HTA Section 128 end of August in the Peterborough district (I live in Etobicoke). I had applied for a trial date through mail.
Last week (December 4th) I received the Notice of Trial (Stamped Nov 30th) for a court date for January 7th. I wanted to apply for disclosure, but should I also apply for motion as well to move the date so I can review the disclosure. I remember seeing something about getting the documents 9 weeks before the trial, but they haven't even given that time, is that even fair? What should I do?
You're over thinking. Just request disclosure as soon as possible and go from there. There's no set amount of time that you are afforded to go over your disclosure. All charges are different and disclosure packages vary. They could have it ready tomorrow or they could have it ready on your trial date. Most likely (being 5 weeks away with the holidays), they'll have it on your trial date and they'll put off the trial for another day.
You're over thinking. Just request disclosure as soon as possible and go from there. There's no set amount of time that you are afforded to go over your disclosure. All charges are different and disclosure packages vary. They could have it ready tomorrow or they could have it ready on your trial date. Most likely (being 5 weeks away with the holidays), they'll have it on your trial date and they'll put off the trial for another day.
I would suggest you need at least 2 weeks to review the disclosure. I would send request immediately for disclosure and then if you don't get it within 2 weeks of trial you can call Clerk of the Court and ask if they will move trial, or you can show up on the trial and ask the them to move it.
I would suggest you need at least 2 weeks to review the disclosure.
I would send request immediately for disclosure and then if you don't get it within 2 weeks of trial you can call Clerk of the Court and ask if they will move trial, or you can show up on the trial and ask the them to move it.
I was traveling down Highway 26 from Barrie to Collingwood / wasaga beach area and i had cruise control set to 90km/h i had an Acura Tl Riding my bumper, the TL shortly passed me, and about half a kilometer down the road a cop pulls me over. (With a horrible car side manor i might add, not…
Hi all. First post here. Appears to be a great resource. Here is the story in broad detail just to get some of my initial questions out there. I can follow up with minute details later. Don't want to write a novel on my first post.
Hello, my son went into the ditch (single car accident) and hit a hydro pole. It was a dark country road with no lights and he didn't even realize he'd hit the pole -his airbags blew and he thought he'd hit the snowbank (we get big banks out here). He had a friend pick him up and then called his…
The 2015 R v Jackson ( canlii.ca/t/gmblf ) ONCA ruling does a really good job of breaking down the disclosure that must be provided by the prosecution (1st party Stinchombe) versus what it does not have to disclose (3rd party O'Connor).
So one of the last trials I was at, I tried to make the…
39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of…
Hi there, would appreciate if someone can speak to the possibility of this ticket being quashed. Nutshell: the officer's notes are about failure to produce a permit, with the corresponding set fine of $85. However, the HTA section cited is 128, for speeding.
As shown above, I (red box) stopped at the stop sign, there was also a school bus (yellow box) at the stop sign with lights flashing. The stop signs on the bus were not facing me, so I thought it would be ok to move now that the yield is with me. So, I did and the bus driver honked a…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have…
Hello friends, so here is what happened when I was going to Ottawa from Etbicoke, I was driving my car on 120 spped on 100 speed zone but just for some time to pass the traffic I speed up to 150 in 100 zone, my bad suddenly I saw cop car was on my shoulder and pulled me over right way. Suspend my…
Please bear with me, this is almost like a novel which I hope you read. Could you please offer some feedback, advice, suggestions, as Ill need all the help I can get! Please help me out if you can! This post is for the legal and procedural minded on this forum (TicketCombat , Radar…
, Radar…