Hi All: I requested disclosure 6 weeks ago, and I have my traffic court date set for tomorrow. Is it reasonable that I request that the trial be adjourned until I have been provided with both the disclosure and enough time to review and prepare my defence? Further, I have already adjourned the trial date once prior for a different reason. Thanks
Hi All:
I requested disclosure 6 weeks ago, and I have my traffic court date set for tomorrow.
Is it reasonable that I request that the trial be adjourned until I have been provided with both the disclosure and enough time to review and prepare my defence?
Further, I have already adjourned the trial date once prior for a different reason.
Absolutely IMO. Maybe try asking to have the charges dropped because of it. Likely they will just adjourn at that point. But have the proof that you sent the disclosure request. You sent registered mail right? so you have a signature of someone who recieved it, right? I just read your other post. Your last adjournment was because you couldn't attend court for some school thing, right? Thats your fault. But if you do get this adjournment for non-disclosure this will be the crowns fault. You might try an 11b motion before your next court date. Also be aware that they may try to hand you the disclosure package at the trial. Dont take it until after the adjournment and let the JP know you need more time to properly defend yourself. And finaly please, do yourself a favor and stop asking these questions the day before your trial. Take some time to prepare. I hope things go well for you. Let us know how it goes.
Absolutely IMO. Maybe try asking to have the charges dropped because of it. Likely they will just adjourn at that point. But have the proof that you sent the disclosure request. You sent registered mail right? so you have a signature of someone who recieved it, right?
I just read your other post. Your last adjournment was because you couldn't attend court for some school thing, right? Thats your fault. But if you do get this adjournment for non-disclosure this will be the crowns fault. You might try an 11b motion before your next court date.
Also be aware that they may try to hand you the disclosure package at the trial. Dont take it until after the adjournment and let the JP know you need more time to properly defend yourself.
And finaly please, do yourself a favor and stop asking these questions the day before your trial. Take some time to prepare. I hope things go well for you.
Let us know how it goes.
Last edited by beleafer81 on Fri Mar 12, 2010 1:11 am, edited 2 times in total.
I actually requested disclosure at the court, so I have a piece of paper with a stamp from the court that shows they received it. The reason for the first adjournment was because my paralegal guy was unable to make it due to illness, so I do not think I can file for an 11b yet. I was thinking of not even requesting an adjournment, but instead stating that they have failed to provide me with disclosure, and then just see what they say (i.e. leave the ball in their court)?
beleafer81 wrote:
Absolutely reasonable IMO. Maybe try asking to have the charges dropped because of it. Likely they will just adjourn at that point. But have the proof that you sent the disclosure request. You sent registered mail right? so you have a signature of someone who recieved it, right?
What was the reason you had the last adjournment? If it was the crowns fault, and this second adjournment is granted you might look into filing for a 11b charter of rights violation.
Let us know how it goes.
I actually requested disclosure at the court, so I have a piece of paper with a stamp from the court that shows they received it.
The reason for the first adjournment was because my paralegal guy was unable to make it due to illness, so I do not think I can file for an 11b yet.
I was thinking of not even requesting an adjournment, but instead stating that they have failed to provide me with disclosure, and then just see what they say (i.e. leave the ball in their court)?
Awesome. Ouch! I think that goes against you. I hope you didn't pay him too much. Someone from his office should have went in his place. Unprofessional IMO. EXACTLY! If they deny that then you should get a stay. They may have your disclosure ready for you at the trial. Let them And the JP know thats not a reasonable enough time to properly be able to prepare your defence. Also I edited my first post here after reading your other post in the other thread. Sorry.
paradigm wrote:
I actually requested disclosure at the court, so I have a piece of paper with a stamp from the court that shows they received it.
Awesome.
paradigm wrote:
The reason for the first adjournment was because my paralegal guy was unable to make it due to illness, so I do not think I can file for an 11b yet.
Ouch! I think that goes against you. I hope you didn't pay him too much. Someone from his office should have went in his place. Unprofessional IMO.
paradigm wrote:
I was thinking of not even requesting an adjournment, but instead stating that they have failed to provide me with disclosure, and then just see what they say (i.e. leave the ball in their court)?
EXACTLY! If they deny that then you should get a stay.
They may have your disclosure ready for you at the trial. Let them And the JP know thats not a reasonable enough time to properly be able to prepare your defence.
Also I edited my first post here after reading your other post in the other thread. Sorry.
Something similar happened to me, but what could happen with you is prior to the case being called, the prosecutor will want to speak with you to discuss how you're going to plead, etc., and then you will tell them you did not receive disclosure. They will do their darndest to get it to you prior to your case being called in order to not have an 11B. If they give it to you prior to your case, definitely ask the judge to an adjournment, or, if you're feeling gutzy, an 11b. The prosecutor will probably argue less if you ask for an adjournment, but will argue more if you ask for an 11b, saying that it was somehow your fault and that the prior adjournment was your fault (it is, legally and vicariously through your agent) and you'd have to express to the justice that you provided ample time. If you made attempts to enquire about your disclosure within the six weeks, by all means let the justice know. They may allow an 11b (although I do think an acceptable time frame of 2 years is allowed before an 11b is strongly recognized), or see it more equitable to allow the prosecution an adjournment given your previous adjournment. I just don't know if enough time has passed for a successful 11b motion to happen. If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.
Something similar happened to me, but what could happen with you is prior to the case being called, the prosecutor will want to speak with you to discuss how you're going to plead, etc., and then you will tell them you did not receive disclosure. They will do their darndest to get it to you prior to your case being called in order to not have an 11B. If they give it to you prior to your case, definitely ask the judge to an adjournment, or, if you're feeling gutzy, an 11b. The prosecutor will probably argue less if you ask for an adjournment, but will argue more if you ask for an 11b, saying that it was somehow your fault and that the prior adjournment was your fault (it is, legally and vicariously through your agent) and you'd have to express to the justice that you provided ample time. If you made attempts to enquire about your disclosure within the six weeks, by all means let the justice know. They may allow an 11b (although I do think an acceptable time frame of 2 years is allowed before an 11b is strongly recognized), or see it more equitable to allow the prosecution an adjournment given your previous adjournment. I just don't know if enough time has passed for a successful 11b motion to happen. If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.
If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.
+1
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…