I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes with disclosure I can use to accomplish this? This is not my main strategy to win, I just want to try and make it easier on myself. My jurisdiction states that "it's your responsibility to pick up disclosure at their office." Would not including my phone number force them to mail it to me? And would not receiving disclosure in time be justification to ask the justice for an adjournment?
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes with disclosure I can use to accomplish this? This is not my main strategy to win, I just want to try and make it easier on myself.
My jurisdiction states that "it's your responsibility to pick up disclosure at their office." Would not including my phone number force them to mail it to me? And would not receiving disclosure in time be justification to ask the justice for an adjournment?
Not including your phone number won't help as it is YOUR responsibility to check if it is ready and to pick it up. Have you already sent letter asking for disclosure? Basically you could just wait until the trial date and show up and say you would like disclosure and to review it with a lawyer before you decide how to plead. This should get you an adjournment to a another trial date. This delay though would not count towards an 11b though as it was caused by you.
Not including your phone number won't help as it is YOUR responsibility to check if it is ready and to pick it up.
Have you already sent letter asking for disclosure?
Basically you could just wait until the trial date and show up and say you would like disclosure and to review it with a lawyer before you decide how to plead. This should get you an adjournment to a another trial date. This delay though would not count towards an 11b though as it was caused by you.
You must take reasonable steps to keep the process moving. For example, you can't wait until the trial date and request disclosure then. Most JPs will grant an adjournment for disclosure, but will attribute the adjournment to the defendant. It would be attributed to the prosecution if the defendant had requested disclosure and followed up diligently but still hadn't received it.
You must take reasonable steps to keep the process moving. For example, you can't wait until the trial date and request disclosure then. Most JPs will grant an adjournment for disclosure, but will attribute the adjournment to the defendant. It would be attributed to the prosecution if the defendant had requested disclosure and followed up diligently but still hadn't received it.
You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.
You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.
Does it matter who the delay is attributed toward, if there's almost zero chance of getting an 11b anyways? Will the only other impact be the opposite party's influence as to when the next trial date is? Is it safe to assume that if the first trial date was scheduled within 45 days (+15 for responding), there's zero chance of reaching the duration required for an 11b? The officer is going to be there the first time because he said so at the side of the road. I was thinking the second time would be a less likely show due to the inconvenience. And if it was pushed off by four months, the second offense wouldn't appear on insurance when it's time for policy renewal. (assuming I lose the court case) I have not sent a letter for disclosure yet, as I'm still trying to decide the best way to go about asking for it. I was reading this could be used as leverage for an adjournment if done correctly.
Does it matter who the delay is attributed toward, if there's almost zero chance of getting an 11b anyways? Will the only other impact be the opposite party's influence as to when the next trial date is? Is it safe to assume that if the first trial date was scheduled within 45 days (+15 for responding), there's zero chance of reaching the duration required for an 11b?
The officer is going to be there the first time because he said so at the side of the road. I was thinking the second time would be a less likely show due to the inconvenience. And if it was pushed off by four months, the second offense wouldn't appear on insurance when it's time for policy renewal. (assuming I lose the court case)
I have not sent a letter for disclosure yet, as I'm still trying to decide the best way to go about asking for it. I was reading this could be used as leverage for an adjournment if done correctly.
No it does not matter who the delay is attributed too if there is no chance of getting an 11b... but point was that if it got dragged out a long time to where an 11b might be in the cards then you can not count any time that was attributed to you, so you have to meet the 11b time frame PLUS any time delays caused by you. With the OPP they schedule trial dates based on the officers work schedule, so it does not matter how many times they reschedule as they will always pick a date when the officer is working. May not be that way for all the police services though.
No it does not matter who the delay is attributed too if there is no chance of getting an 11b... but point was that if it got dragged out a long time to where an 11b might be in the cards then you can not count any time that was attributed to you, so you have to meet the 11b time frame PLUS any time delays caused by you.
With the OPP they schedule trial dates based on the officers work schedule, so it does not matter how many times they reschedule as they will always pick a date when the officer is working. May not be that way for all the police services though.
Even if 11(b) isn't going to be an issue, if one side keeps requesting adjournments, the JP could schedule the next date peremptory on that party. That means the side who's been requesting all the adjournments will not be able to request another one and had better be prepared to proceed. If it's the Crown and the Crown still isn't ready, the JP will quash the proceedings or stay the charge. If it's the Defendant and the Defendant still isn't ready, he or she will likely be convicted.
Even if 11(b) isn't going to be an issue, if one side keeps requesting adjournments, the JP could schedule the next date peremptory on that party. That means the side who's been requesting all the adjournments will not be able to request another one and had better be prepared to proceed. If it's the Crown and the Crown still isn't ready, the JP will quash the proceedings or stay the charge. If it's the Defendant and the Defendant still isn't ready, he or she will likely be convicted.
We provided our shift schedule and vacation time to the Crown so we were always available. The days of coppers not being there are pretty much gone. Not completely but it isn't like it was in the old days.
We provided our shift schedule and vacation time to the Crown so we were always available. The days of coppers not being there are pretty much gone. Not completely but it isn't like it was in the old days.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
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My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
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This topic discusses the same thing but with CN police; is it any different for regular offences?
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I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
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I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
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