Re-send request for disclosure?

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proper_joe
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Re-send request for disclosure?

by: proper_joe on
Thu Nov 13, 2008 3:25 pm

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?
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hwybear
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by: hwybear on
Thu Nov 13, 2008 8:29 pm

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
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lawmen
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by: lawmen on
Thu Nov 13, 2008 10:07 pm

Bottomline; it would save eveyone money and time if cops would just stop laying stupid tickets.
Without Justice there's JUST US
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hwybear
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by: hwybear on
Thu Nov 13, 2008 10:53 pm

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 :shock: 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
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ticketcombat
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by: ticketcombat on
Fri Nov 14, 2008 9:51 am

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").

p.s. Thanks lawmen for the reference!
p.p.s. Bear: great points!
Fight Your Ticket!
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proper_joe
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by: proper_joe on
Fri Nov 14, 2008 11:46 am

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.

Thx
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Reflections
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by: Reflections on
Fri Nov 14, 2008 1:50 pm

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
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