I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
It did say page 1/1 so without examining the original it would not really be possible to tell. I didn't realize the defense can ...
Search found 95 matches
- Thu Jan 19, 2017 9:03 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding Trial - Prosecutor Questions to Defendant
- Replies: 13
- Views: 4052
- Mon Jan 16, 2017 12:37 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding Trial - Prosecutor Questions to Defendant
- Replies: 13
- Views: 4052
Re: Speeding Trial - Prosecutor Questions to Defendant
One more question - what should I do if during trial it comes up that I was only disclosed half of the officer's notes? I am suspecting that he didn't know how to use a photocopier properly so the page of notes is cut off.
- Tue Jan 10, 2017 1:09 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding Trial - Prosecutor Questions to Defendant
- Replies: 13
- Views: 4052
Re: Speeding Trial - Prosecutor Questions to Defendant
It's really not a good idea to have her testify.
Have you received disclosure? If so please post it so we can better assist you.
How does your wife know she wasn't speeding?
The disclosure is just a simple form the officer fills out when operating a speed trap. It has road conditions, laser test times, vehicle information (make/lane/speed). It ...
Have you received disclosure? If so please post it so we can better assist you.
How does your wife know she wasn't speeding?
The disclosure is just a simple form the officer fills out when operating a speed trap. It has road conditions, laser test times, vehicle information (make/lane/speed). It ...
- Mon Jan 09, 2017 4:59 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding Trial - Prosecutor Questions to Defendant
- Replies: 13
- Views: 4052
Re: Speeding Trial - Prosecutor Questions to Defendant
It was heavy traffic and she was in the curb lane frequently slowing or stopping behind vehicles turning into parking lots. The officer's notes state that the speed was obtained at 170 meters, so if I find the next intersection beyond that and have her testify that she was not speeding from that intersection until being pulled over, it should be ...
- Mon Jan 09, 2017 2:13 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speeding Trial - Prosecutor Questions to Defendant
- Replies: 13
- Views: 4052
Speeding Trial - Prosecutor Questions to Defendant
Hello everyone,
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect ...
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect ...
- Fri Oct 21, 2016 6:41 pm
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 14846
Re: Fail to report - advice needed
Note to anyone defending a friend or family member: bring a copy of the Law Society Act with you to trial!
The JP absolutely refused to talk to me because I do not hold a licence to practice law. I knew he was wrong but couldn't get the research done in time to argue.
Because of this we were forced to take a deal. Luckily the crown was having ...
The JP absolutely refused to talk to me because I do not hold a licence to practice law. I knew he was wrong but couldn't get the research done in time to argue.
Because of this we were forced to take a deal. Luckily the crown was having ...
- Thu Oct 13, 2016 10:35 pm
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 14846
Re: Fail to report - advice needed
The amount of damage to the vehicle was probably around $200. This was to the plastic bumper (a small dent) and I will personally be testifying to that as I had a larger rust hole in my own car's door fixed for close to that last year.
The only witness to the damage on the steel hydro box is the police officer and the estimate was $6000, but only ...
The only witness to the damage on the steel hydro box is the police officer and the estimate was $6000, but only ...
- Thu Oct 13, 2016 3:19 pm
- Forum: Stunt Driving
- Topic: speeding Stunt Driving charge
- Replies: 10
- Views: 6454
Re: speeding Stunt Driving charge
Thank you for your kind advise . Do you know if I can write a letter to the Justice of the Peace or Crown so that they might
consider my situation before I plead? There was no 'STUNT' driving - inadvertent speeding only. Also, do they give you time to pay???
If you are convicted (either by plea or verdict), the JP will decide the fine amount ...
consider my situation before I plead? There was no 'STUNT' driving - inadvertent speeding only. Also, do they give you time to pay???
If you are convicted (either by plea or verdict), the JP will decide the fine amount ...
- Thu Oct 13, 2016 1:40 pm
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 14846
Re: Fail to report - advice needed
So this is coming up next week and of course still no response from the prosecutor regarding the additional disclosure request. Since it would be a charter violation should I just ask for adjournment so that I can prepare a section 7 application? Do I have to notify the prosecutor beforehand that I will be making that motion?
Of course I have to ...
Of course I have to ...
- Fri Sep 23, 2016 11:02 am
- Forum: General Talk
- Topic: Requirement to provide three copies of case law for a motion
- Replies: 16
- Views: 5521
Re: Requirement to provide three copies of case law for a mo
Why can't they just read it online like everyone else? It is public knowledge, not evidence. Sounds like the prosecutor just wants you to waste more of your time and money. If I was a JP I would never trust printed case law from self represented people anyway considering how easy it would be to change the text.
Edit: I know prosecutors like to ...
Edit: I know prosecutors like to ...
- Fri Sep 23, 2016 9:46 am
- Forum: General Talk
- Topic: Requirement to provide three copies of case law for a motion
- Replies: 16
- Views: 5521
Re: Requirement to provide three copies of case law for a mo
Why can't they just read it online like everyone else? It is public knowledge, not evidence. Sounds like the prosecutor just wants you to waste more of your time and money. If I was a JP I would never trust printed case law from self represented people anyway considering how easy it would be to change the text.
Edit: I know prosecutors like to ...
Edit: I know prosecutors like to ...
- Wed Aug 17, 2016 9:00 am
- Forum: General Talk
- Topic: REQUESTING DISCLOSURE OF RADAR/LIDAR MANUAL
- Replies: 19
- Views: 12294
Re: REQUESTING DISCLOSURE OF RADAR/LIDAR MANUAL
I don't know why prosecutors are so intent on wasting everyone's time including their own. They only have to obtain the manual electronically once and then spend a few minutes sending it to the defendant each time. The court is so stressed to complete the docket each day but they spend so much time arguing about this (at least with defendants who ...
- Tue Aug 16, 2016 11:03 am
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 14846
Re: Fail to report - advice needed
Yesterday I learned it sometimes pays to keep your mouth shut. I was unable to meet with the prosecutor and the JP was very grumpy so I decided not to play games and said I didn't object to the adjournment but just wanted to make sure the court noted that it was the crown's fault for the delay. There were a lot of adjournments for February (which ...
- Thu Aug 11, 2016 12:49 pm
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 14846
Re: Fail to report - advice needed
Ok so here is my plan depending on which witness it is:
a) If the police officer is absent I will object and ask for the trial to proceed, as even without full disclosure the crown has no evidence to go on.
b) If the home owner is absent I will object and ask for a stay instead, citing the witness issue (crown's unpreparedness) and the fact that ...
a) If the police officer is absent I will object and ask for the trial to proceed, as even without full disclosure the crown has no evidence to go on.
b) If the home owner is absent I will object and ask for a stay instead, citing the witness issue (crown's unpreparedness) and the fact that ...
- Thu Aug 11, 2016 10:51 am
- Forum: Failing to report a collision to a police officer
- Topic: Fail to report - advice needed
- Replies: 22
- Views: 14846
Re: Fail to report - advice needed
I did receive the witness statement of the home owner. He heard the collision, came to his window and saw the vehicle driving away. He did not report it, the police got his statement by knocking on his door. He did not see the driver, the licence plate, or any damage on the vehicle, and he even reported the wrong colour so his evidence is not only ...