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Ontario Highway Traffic Act

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stay for late and incomplete disclosure
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PostPosted: Sun Dec 04, 2011 8:29 pm 
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Joined: Sun Dec 04, 2011 7:14 pm
Posts: 4
Hello,
I have faxed a disclosure request right in the beginning of Sept few days after I received the notice of trial. A few days ago (a week before the trial), I received a call, my disclosure is ready for pick up. I got it 2 days later, and it was incomplete. They provided just a few notes of the officer, my driving record, the notice of trial copy and my disclosure request.
Also the police officer wrote in the note the "above location straight level dry roadway" , while I know for sure when he clocked me, he was coming downhill, road having quite an angle. Truth is where he stopped me and wrote the ticket it was straight level.
Can I ask for a stay for late and incomplete disclosure?
If first doesn't work, who would be trusted, me or police about angled road? Cosine factor and issues with measurements made by a moving radar between hills could help my cause. Any tips?


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Re: stay for late and incomplete disclosure
PostPosted: Sun Dec 04, 2011 9:30 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Certainly if there is a key disclosure item missing, you could request a stay. Just be aware some people request everything but the kitchen sink in an attempt to overwhelm the Crown. Most JP's will expect you to be able to justify your request, so if the missing items are unreasonable the stay will be denied. What are you still waiting for?

As for testimony, case law states the officer's evidence shouldn't be given preference simply due to who he is. The JP is supposed to weigh each person's evidence for truth and credibility, and determine if they believe it.


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Re: stay for late and incomplete disclosure
PostPosted: Mon Dec 05, 2011 8:55 pm 
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Joined: Sun Dec 04, 2011 7:14 pm
Posts: 4
Thanks for reply Stanton.
I requested specifically the type and model of equipment used by the police officer to clock the speed....as well as details on how the device should be tested. There was also another phrase with general request which was on a template from another site for ticket fighting.
There is something in officer notes he tested in the beginning of the shift his taser... and genesis II radar, but in my opinion this shouldn't be enough. It doesn't say anywhere this was the one and only equipment to clock me, and beside I've seen on internet there are quite a few different genesis II models.
However I couldn`t find yet any manual of this radar on internet.
Tomorrow is my trial.


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Re: stay for late and incomplete disclosure
PostPosted: Tue Dec 06, 2011 10:29 pm 
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Joined: Sun Dec 04, 2011 7:14 pm
Posts: 4
I had my trial today.
Kind of disappointed. From around 100, all cases went for a bargain and plead guilty. I didn't take the bargain and told prosecutor I'll go for stay (maybe a mistake). He left me at the end, but before to go to the next recess he suddenly decided to put my case. I`m afraid I was tricked because he knew the officer who wrote my ticket wasn't gone be there, and he let me ask for stay knowing the case will be adjourned.
I asked for stay, and immediately the JP jump and told me I have to file it in advance 15 days. I told him there is a precedent case when applied in court and was accepted. I hand them the print copy of R Vellone case. He mocked reading it and said it is not acceptable in his court. He asked me to talk about that case, but I am not that good at legal technical terms, so might not find the right words. He blamed my accent he couldn't understand, and when he adjourned the case, he asked for an interpreter. Strange, I have an accent but nobody had any complain about my communication until now. Wonder if this might be a trick too?
This was my first experience in a trial and wanted to share some info.
By the way good guidance on ticketcombat site.
Thanks


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Re: stay for late and incomplete disclosure
PostPosted: Wed Dec 14, 2011 11:31 pm 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
The JP was right to ask you to articulate what proposition you felt your case stood for and whether it was binding on that court. It is not enough to simply hand a case to a JP and expect them to either know it or read it and interpret it in your favour.

I'm not surprised that an adjournment was granted. Stays are usually only granted where an adjournment can NOT remedy the defect in disclosure.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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