Search found 12 matches
- Fri May 01, 2009 5:44 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a) Continue
- Replies: 1
- Views: 2871
Fail to obey stop sign sec. 136(1)(a) Continue
Ok, my trial date is after this weekend, very nervous...I still haven't recieved my video disclosure that I have requested but only 2 page of disclosure including a copy of my ticket and a brief hand written note written by the officer. Now, my final review of my case for trial, I have a few question that I need help with, any help would be greatly appreciated. I'm posting a recap of what happened; In summer of 2007, I was traveling west bound on lakeshore blvd W. Approaching a stop sign to make a right turn, I stopped (there was a 5 ton truck infront of me making a right turn). I continued to...
- Tue Mar 17, 2009 1:03 pm
- Forum: Failing to obey signs
- Topic: Disclosure- Missing Witness Statement
- Replies: 1
- Views: 1668
Disclosure- Missing Witness Statement
Hello all,
Here's the situation,my uncle who does not speak english got a ticket for failing to stop at a stop sign, because he did not speak english he asked his wife- the passenger who speaks broken english to tell the officer that he "did stop" but when he recieved disclosure, non of that was included in the disclosure statement...so can he use this point to fight the ticket in anyway???
Thank you in advance ^_^
Here's the situation,my uncle who does not speak english got a ticket for failing to stop at a stop sign, because he did not speak english he asked his wife- the passenger who speaks broken english to tell the officer that he "did stop" but when he recieved disclosure, non of that was included in the disclosure statement...so can he use this point to fight the ticket in anyway???
Thank you in advance ^_^
- Tue Feb 03, 2009 1:31 pm
- Forum: Failing to obey signs
- Topic: Failure to Obey sign - Disclosure-Need help
- Replies: 7
- Views: 2814
- Mon Feb 02, 2009 12:52 pm
- Forum: Failing to obey signs
- Topic: Failure to Obey sign - Disclosure-Need help
- Replies: 7
- Views: 2814
Failure to Obey sign - Disclosure-Need help
This is kind of a continuation to my case earlier. I used ticketcombat's advice and used the form to request for disclosure(Great site by the way). But all I recieved was 2 pages that includes a photocopy of the ticket and 2nd a page indicting officers short hand note of what happened that day, and a note pertaining to the video I requested stated that the video has been rounded by video service for 1 year. So, does that mean, the officer does not have a copy for me or do I have to go and obtain it with video services?, how do I go about that? I have about 3 months to deal with my case as of t...
- Sun Jan 25, 2009 12:09 pm
- Forum: Failing to obey signs
- Topic: Do all traffic signs require a by-law?
- Replies: 16
- Views: 8148
Re: Do all traffic signs require a by-law?
Beware the pre-trial trap! Just before court commences everyone sees the prosecutor to tell her how they are going to plead (guilty/not guilty). At that point the prosecutor may say something like "Oh, this is for you", and she will attempt to hand you some papers. It's the by-law and she's trying to give you disclosure. Don't accept it. You can't argue you didn't get disclosure if you are holding it in your hand! Question, But if you don't accept disclosure, then wouldn't the prosecutor tell the court that you chose not to accept disclosure when presented to you?? And will procecut...
- Mon Dec 08, 2008 10:53 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Fail to obey stop sign sec. 136(1)(a)--> UPDATE
Oh, no, no,,,the cop didn't say anything like that, I just overheard a conversation in court someone saying that the stop had to be 3 seconds...sorry for the misunderstanding. The cop just said he caught me on video. So now I have followed TICKETCOMBAT's advice and used his form to request for disclosure and since I did it 2 weeks before my trial date, the judge gave me a date to attend to set a trial date??? I guess that is to review the disclosure the procecuter will give me. So, now the question is, if I don't get the disclosure in time, that is before that date,,,what do I do??? HELP!!! Th...
- Sun Dec 07, 2008 10:14 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Fail to obey stop sign sec. 136(1)(a)--> UPDATE
Hello, well, went to my trial date and the police was there, I know there was a very slim chance that he wouldn't show up...anyways, I indicated I did not recieve the disclosure that I requested since I only gave 2 weeks in advance of my trial date so the Judge gave me another date to appear in court to set up my trial date...so does that mean I have a month time to get my disclosures and analyze it and determine if I want to proceed to trial? and on that day, will I get to choose my own date for trial? The cop was mentioning that he had caught me on video again and he seem pretty sure of hims...
- Sun Nov 23, 2008 11:54 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Fail to obey stop sign sec. 136(1)(a)
Wow, thank you all for the great advices,,,now I'm more positive about this procedure...
A few questions, If i request for disclosure, wouldn't the cop know that I'm challenging him (which would upset him because i'm trying to discredit him) and he would definitly show up in court for that date? Also,I noticed on witness section of the ticket, it marked "no" does that mean he didn't have witness or I didn't have witness? because my mother was with me at the time, can she be my witness due to our relationship?
Thanks
A few questions, If i request for disclosure, wouldn't the cop know that I'm challenging him (which would upset him because i'm trying to discredit him) and he would definitly show up in court for that date? Also,I noticed on witness section of the ticket, it marked "no" does that mean he didn't have witness or I didn't have witness? because my mother was with me at the time, can she be my witness due to our relationship?
Thanks
- Sat Nov 22, 2008 1:10 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Re: Fail to obey stop sign sec. 136(1)(a)
He told me that I was caught on his video camera. Make sure you specifically request a copy of the video in your disclosure request. If they can't find it, you can argue that evidence exonerating you has been lost. If they do find it and it shows what he claims, then request an adjournment and work on fighting the ticket BEFORE the trial proceeds. See http://www.ontariohighwaytrafficact.com/topic504.html for some ideas what to do. The key here is an extensive and relevant disclosure request focusing on your ability to make a proper defence. Example: You are requesting an explanation and clari...
- Sat Nov 22, 2008 1:04 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Fail to obey stop sign sec. 136(1)(a)
I can request a stay based on that? really???lawmen wrote: 007, you suffered a lost of money from Xcopper, thus you've suffered enough and your case should be stayed. You will request a stay because it was the government who put Xcopper out of business. The same government who is now trying to convict you and screw you out of even more money.
- Sat Nov 22, 2008 1:01 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Fail to obey stop sign sec. 136(1)(a)
File for disclosure today or tomorrow. Request an adjounment once you get to your trial. You can explain the Xcopper deal and tell them the truth, you just found out you're entitled to disclosure and you want to exercise that right. First, I want to thank you all for all the great advice in dealing with this situation. The last time I went to court, I have already told them about the X copper situation, and that I needed an interpreter just in case, since I don't know much of the law terminology, I may need him/her to explain that to me, so, that is why I got an extension-I had a few month of...
- Thu Nov 20, 2008 1:27 pm
- Forum: Failing to obey signs
- Topic: Fail to obey stop sign sec. 136(1)(a)
- Replies: 19
- Views: 7517
Fail to obey stop sign sec. 136(1)(a)
Hello all, To make a long story short, I recieved a ticket for failing to stop at a stop sign. I did stop but the police said I didn't. He told me that I was caught on his video camera. I handed the case to X-copper but unfortunate for me, they went into bankruptcy. Court has given me extended time to find representation but I listened to my friend's advice to just represent myself and "the cop likely won't show up" phrase, but after reading topics on this forum, I realized there is much to be done to represent myself and now I don't have enough time to file for disclosure as my tria...