Trying to get a stay for expired plate. Need some guidance.

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rsd
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Trying to get a stay for expired plate. Need some guidance.

by: rsd on
Wed May 14, 2014 2:12 pm

I had a perfect driving record. I am in the process of applying for a really good job that takes about year to go thru the application process. One of the conditions is to have a perfect driving record - spotless.

I got a ticket for "operate motor vehicle, no valid tag". The plate was expired. I was driving someone else's vehicle as a favour to them.

I requested a court date. I got the date. I requested disclosure in plenty of time and got nothing.

I requested:
- the officers notes
- type written notes
- a copy of a statement I made (stating its a friends car).
- the original ticket
- certified records from the Ministry showing the plate was expired.

I showed up in court (not knowing the proper procedure) and asked for a stay. I realize I went about it the wrong way now. However, the prosecutor held the case down, and asked her assistant to get disclosure. She came back and gave me a typed report of the incident. It seemed like it was printed from Police computers. It had all the relevant info typed in a form and even included my statement. She told me that was all the disclosure. I said I requested a lot more. She said there was no more. I then got called for my case. She explained to the JP what happened and insisted that the trial proceed right now because I had more than enough time to review the disclosure while waiting for my case to be called. I managed to convince the JP for an adjournment (3 months from now). He wasn't happy though. He implied this was overkill for that type of ticket. Its all a matter of perspective I guess.

Not only do I need to win this battle for my new career, but its personal. I'm following the procedures found on Traffic Combat. But does anyone have any insight or tips for me?


bend
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by: bend on
Thu May 15, 2014 12:34 pm

Quite frankly, the prosecutor and JP are right to be annoyed.

The plate is either expired or it isn't. That's it. You didn't need another court date to review your disclosure because there's nothing to review. Your statements are irrelevant. It doesn't matter if it's your friends car because you're the driver, not your friend.

Prosecutor doesn't have to grant you every demand on a disclosure request, only what is required to satisfy your full disclosure. You don't have the option of turning around and saying "well prove my plates are expired with certified letters". It's your duty as a driver, not the officers or the prosecutors, to provide whatever paperwork is required when its requested and to have the proper stickers displayed. YOU have to provide the information, not the other way around.












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