Should I ask for disclosure a second time if I didn't receive it? I sent a registered letter asking for disclosure 6 weeks ago and didn't receive anything yet. I know they received it, they signed for it. I have a photo of the letter along with the envelope at the Canada post desk just before I sealed it. I have the tracking nubmer etc. If I don't get anything, I would think that I show up at court with proof and they have to drop the case because of lack of disclosure. Should I be nagging them to send me stuff? I think not. How would I prove that I didn't get anything in the mail then? Or do they have to prove they sent it? Any advice?
Should I ask for disclosure a second time if I didn't receive it? I sent a registered letter asking for disclosure 6 weeks ago and didn't receive anything yet. I know they received it, they signed for it. I have a photo of the letter along with the envelope at the Canada post desk just before I sealed it. I have the tracking nubmer etc. If I don't get anything, I would think that I show up at court with proof and they have to drop the case because of lack of disclosure. Should I be nagging them to send me stuff? I think not. How would I prove that I didn't get anything in the mail then? Or do they have to prove they sent it?
Just read this. that could be expanded even farther. Have all POA matters (except collisions) done in this matter. Defence can still request disclosure of notes. Plan the written defence on that. Then officer sends in will say, will say of Defence gets sent in and let the JP read both and decide. Plain, simple, both sides get heard/read. This benefits the defendant by not having to miss work to attend, benefits police service keeping the officer on the road, on occassion saves OT to the taxpayer. No need for a prosecutor either, thus saving more coin, just an admin staff matching the police/defence/PON together for the JP to look at.
Just read this.
Option 4: Dispute the Charge in Writing. If you don't live in the jurisdiction where your trial will be held, you can dispute the ticket in writing. However, if you don't write a good enough defence, you will be convicted. If you do write a good excuse, the justice can hold a hearing in your absence. Since you don't get to respond to issues raised in court by the prosecutor or the police officer, you could end up being convicted.
that could be expanded even farther. Have all POA matters (except collisions) done in this matter. Defence can still request disclosure of notes. Plan the written defence on that. Then officer sends in will say, will say of Defence gets sent in and let the JP read both and decide. Plain, simple, both sides get heard/read. This benefits the defendant by not having to miss work to attend, benefits police service keeping the officer on the road, on occassion saves OT to the taxpayer. No need for a prosecutor either, thus saving more coin, just an admin staff matching the police/defence/PON together for the JP to look at.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Got that right, I'd rather be in Tim Hortons with my Cafe Mocha and Boston Cream.. OR those vehicles that keep "auto piloting" and breaking the rules of the road only to have a :shock: driver behind the wheel....who me? Too many cars have watched "knight rider" and just want to be like "KIT"
lawmen wrote:
Bottomline; it would save eveyone money and time if cops would just stop laying stupid tickets.
Got that right, I'd rather be in Tim Hortons with my Cafe Mocha and Boston Cream..
OR those vehicles that keep "auto piloting" and breaking the rules of the road only to have a driver behind the wheel....who me?
Too many cars have watched "knight rider" and just want to be like "KIT"
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
You should definitely send a second request referencing the first. You should also state you are very concerned that they haven't responded. Their lack of response is not allowing you to prepare a proper defence or answer to the charge. You can read more about this specifically on my site (STEP 4 -->"How to do it"). p.s. Thanks lawmen for the reference! p.p.s. Bear: great points!
proper_joe wrote:
Should I ask for disclosure a second time if I didn't receive it? ... Should I be nagging them to send me stuff?
You should definitely send a second request referencing the first. You should also state you are very concerned that they haven't responded. Their lack of response is not allowing you to prepare a proper defence or answer to the charge. You can read more about this specifically on my site (STEP 4 -->"How to do it").
I'm not sure what to make of the first few replies. I do live in the jurisdiction where the ticket was issued, and have decided to fight it in court. My court date is in 3 weeks. I shall do so, and will include my concern about preparation and that I haven't got a reply. Also, should I repeat the entire request and list the stuff I need again, or just ask them to refer to the previous letter to send me stuff I asked for last time? After all, I have proof that they received the last letter. Thx
I'm not sure what to make of the first few replies. I do live in the jurisdiction where the ticket was issued, and have decided to fight it in court. My court date is in 3 weeks.
ticketcombat wrote:
You should definitely send a second request referencing the first.
I shall do so, and will include my concern about preparation and that I haven't got a reply. Also, should I repeat the entire request and list the stuff I need again, or just ask them to refer to the previous letter to send me stuff I asked for last time? After all, I have proof that they received the last letter.
Or just wait and bring it up in three weeks. You have done what is required, you are the accused, it is not your responsibility to file the paper work and keep the system rolling. The system needs to be overhauled, they know it, you know it. Let this be just another reason to rebuild it. I filed an appeal 3 months ago, in Mississauga, and have heard jack. I haven't even gotten the transcripts yet. Why????????????? I had you for a regular.......
Or just wait and bring it up in three weeks. You have done what is required, you are the accused, it is not your responsibility to file the paper work and keep the system rolling. The system needs to be overhauled, they know it, you know it. Let this be just another reason to rebuild it.
I filed an appeal 3 months ago, in Mississauga, and have heard jack. I haven't even gotten the transcripts yet. Why?????????????
I'd rather be in Tim Hortons with my Cafe Mocha and Boston Cream.
I had you for a regular.......
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
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…
driver behind the wheel....who me?
