Hi there, Background: I was charged with two traffic offenses in mid-July. Submitted my non-guilty plea to request a court date at the end of July. Received my 2 notices of trial with a mid-January court date. Applied and received an adjournment to early April as I am scheduled to be out of town for the original date. Question: I'm going to be requesting disclosure but am wondering when I should do so. Since not receiving disclosure in advance of the trial is beneficial, should I be waiting until the last minute to fax in the request? In reading the forums, it appears that the last allowable date to request disclosure is 9 weeks before the trial. Is this correct? I think I remember seeing a sign at the office where I applied for the court date saying something about a current wait time of 90 days for disclosure. Does this officially over-rule the 9 week rule or is the 9 week rule set by precedent cases. It seems to me that 9 weeks is more than adequate to turn around this request. If I send it in now, I worry that I am giving them way to much time to comply, but worry that if the 9 week rule has changed I might lose in court as I didn't give them 90 days notice. Also, is a fax confirmation adequate proof of the requests being fax being sent in with enough lead time? Thanks in advance for your help. Any other tips would definitely be welcome as well! Cheers.
Hi there,
Background:
I was charged with two traffic offenses in mid-July. Submitted my non-guilty plea to request a court date at the end of July. Received my 2 notices of trial with a mid-January court date. Applied and received an adjournment to early April as I am scheduled to be out of town for the original date.
Question:
I'm going to be requesting disclosure but am wondering when I should do so. Since not receiving disclosure in advance of the trial is beneficial, should I be waiting until the last minute to fax in the request? In reading the forums, it appears that the last allowable date to request disclosure is 9 weeks before the trial. Is this correct? I think I remember seeing a sign at the office where I applied for the court date saying something about a current wait time of 90 days for disclosure. Does this officially over-rule the 9 week rule or is the 9 week rule set by precedent cases. It seems to me that 9 weeks is more than adequate to turn around this request. If I send it in now, I worry that I am giving them way to much time to comply, but worry that if the 9 week rule has changed I might lose in court as I didn't give them 90 days notice. Also, is a fax confirmation adequate proof of the requests being fax being sent in with enough lead time?
Thanks in advance for your help. Any other tips would definitely be welcome as well!
There's nothing beneficial about not receiving disclosure before your trial date. You want your disclosure as quick as possible. By doing the bare minimum, you're only opening yourself up to criticism. They are just going to adjourn your trial anyways and you'll be forced to waste another day dealing with it.
celerygeneral wrote:
Since not receiving disclosure in advance of the trial is beneficial, should I be waiting until the last minute to fax in the request?
There's nothing beneficial about not receiving disclosure before your trial date. You want your disclosure as quick as possible. By doing the bare minimum, you're only opening yourself up to criticism. They are just going to adjourn your trial anyways and you'll be forced to waste another day dealing with it.
If you do not ask for disclosure until the last minute, then the JP will just reschedule your trial to another date AND the time will not count towards "right to a speedy trial" as it was you who caused the delay. You want to ask for disclsoure right away as soon as you get your notice of trial and then if you do not get it, you need to ask them where it is a couple times right up to about a couple before the trial. Then if they do not provide it, it works in your favor. It only works in your favor if you asked for it AND if you can show you made an effort to ask them about.
If you do not ask for disclosure until the last minute, then the JP will just reschedule your trial to another date AND the time will not count towards "right to a speedy trial" as it was you who caused the delay.
You want to ask for disclsoure right away as soon as you get your notice of trial and then if you do not get it, you need to ask them where it is a couple times right up to about a couple before the trial. Then if they do not provide it, it works in your favor. It only works in your favor if you asked for it AND if you can show you made an effort to ask them about.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
