A little late but everyone seems to be real helpful here so I figured I'd post anyway even if my hearing is tomorrow.
Back in November, I was charged with failure to drive in a marked lane 154(1)(a). The officer told me that this charge was only a fine and nothing went on my record - basically, pay it and it goes away. We chatted a bit at the time and I couldn't be bothered to look into further because of what he told me and because my son was born 5 days later.
In December, I had to obtain a copy of my record for something and, to my surprise, the charge was there with 3 points!! Luckily, the next day was the 30th day since conviction; therefore, I filled an appeal immediately. My original court date for the Hearing of Appeal way May 8th. I was in discussion with the prosecutor April 26th and May 7th to get info and try and work something out. On the 7th, she said that she still did not receive the officer's notes nor did he respond to my reason that he told me that the charge was just a fine.
She then said that she'd ask for an adjournment in court the following day because of this so I allowed her to ask for an adjournment on the 7th. I have an email with this agreement. Another reason she wanted to wait was that she thought the charge may not have been the correct one (I allegedly crossed a solid white line/bullnose) so the officer's notes would clear it up and, if incorrect, she would drop the charges.
The new date is tomorrow and still no disclosure (requested April 24). I called again last Thursday to find out what was going on and she still has not received her evidence.
What should I do? I have my reasons for the appeal but cannot justify some of them without disclosure. Furthermore, I am not receiving a trial in a timely manner. Could I ask for the conviction to be overturned at this point based on the non-disclosure and the adjournment (and possibly additional adjournment)?
Any advice will be appreciated and I'll try to answer questions, if any, as soon as I can.
Pay no attention to demerit points when deciding whether to take a ticket to court.
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