141(2) in session

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Joined: Tue Jul 28, 2015 1:28 pm

141(2) in session

by: 08rangerdan on
Tue Jul 28, 2015 2:09 pm

My situation starts with a group of 5 motorcycles out for a last season ride on November 5 2014. 4 out of 5 bikes got the same ticket for an improper right turn on a single lane street turning into a crescent.. My court date was June 21 2015. I didn't receive disclosure until night before my trial and it wasn't complete. Before hand I had completed a section 7 stay application and filed it in good timing due to the instance of not recieveing disclosure.. The council argued against it for an adjournment obviously.. but since they had no reason for providing me with late disclosure and I was well prepared. The jp decided to give me until September 21 to make my application more relevant towards the now 'late disclosure'.. His exact words in court were to perfect the application.. Including some case law and other relevant facts to support a cause. I don't know if I can still defend my stay application because it is now considered late.. The crown was still handing me pieces of disclosure in the courtroom and more is still to arrive someday.. How can I be prepared for court and still get refused because the crown isn't competent enough to keep up? Must be a common annoyance.. Not just late but obviously incomplete disclosure also!!

My riding partner showed up to court on the 23rd for his trial. And his ticket got dropped before he even got to the courtroom.!!! Why? From all I could put together the only reason I could get from some investigation was because 141(2) is a specific law requiring the use of a right hand turn lane. In our situation we were turning off of a single lane road and they dropped his ticket because the offence wasn't the proper one to use for our situation.

What do i have to argue here if I ever make it back to court? Am I on to anything regarding the statement of the single lane roadway? 1 more month and I could also have an 11b also...
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