I totally get what you want to do. I'd probably do the same thing if I were in your situation.
When you get to the Court today, the prosecutor may have the disclosure for you. If so, he or she will give it to you. The prosecutor will probably also offer you a deal. You can ask for a little time to review the disclosure, in which case the ...
Search found 358 matches
- Thu Oct 26, 2017 9:06 am
- Forum: Hand-held devices
- Topic: Prosecutor Appointment Tomorrow
- Replies: 1
- Views: 2128
- Tue Oct 24, 2017 11:04 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Failure To Stop. Wrong Disclosure.
- Replies: 1
- Views: 2781
Re: Failure To Stop. Wrong Disclosure.
The Prosecutor will have a copy of what was sent to you. Since the information doesn't pertain to you, you haven't received disclosure.
You should be able to make a case for dismissal now. At 17 months and no disclosure despite an adjournment to provide it to you, you should be fine.
You should be able to make a case for dismissal now. At 17 months and no disclosure despite an adjournment to provide it to you, you should be fine.
- Mon Oct 23, 2017 10:13 pm
- Forum: General Talk
- Topic: No Insurance Card Ticket
- Replies: 9
- Views: 3942
Re: No Insurance Card Ticket
I had a case a couple of months ago where I followed up three times and had a call a week before the trial saying the officer still hadn't provided the Prosecutor's Office with disclosure. When I arrived in court, the Prosecutor said it still hadn't been received and she would be withdrawing the charge. I guess it depends on the prosecutor.
- Mon Oct 23, 2017 1:56 pm
- Forum: General Talk
- Topic: No Insurance Card Ticket
- Replies: 9
- Views: 3942
Re: No Insurance Card Ticket
They may count.
When you arrive, the prosecutor will probably be sitting at a desk outside the courtroom or at the front of the courtroom. He or she will ask each defendant what he or she wants to do, may offer deals, etc. At that point, you would say that you are asking that the matter be withdrawn for failure to provide disclosure.
When you arrive, the prosecutor will probably be sitting at a desk outside the courtroom or at the front of the courtroom. He or she will ask each defendant what he or she wants to do, may offer deals, etc. At that point, you would say that you are asking that the matter be withdrawn for failure to provide disclosure.
- Mon Oct 23, 2017 11:25 am
- Forum: Failing to obey signs
- Topic: Disobey Traffic sign under HTA 182 (2)
- Replies: 1
- Views: 4482
Re: Disobey Traffic sign under HTA 182 (2)
The simple fact is you made the turn. You can't "unmake" it. You're lucky the officer didn't charge you with careless driving for reversing while there were people behind you and turning in reverse back onto Scarborough Golf Club Road.
- Sat Oct 21, 2017 4:54 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 136km/h in a 100km/hr, possible win?
- Replies: 6
- Views: 3082
Re: 136km/h in a 100km/hr, possible win?
The officer may have had both devices in the car with him. He's likely been trained on both, but his training and certification can be raised during cross examination. You can certainly ask during the trial, if there is one, why he carried both devices
His notes may indicate which device he used. If not, he'll mention it at trial. Again, you may ...
His notes may indicate which device he used. If not, he'll mention it at trial. Again, you may ...
- Tue Oct 10, 2017 1:27 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: "29" over
- Replies: 7
- Views: 4587
Re: "29" over
The set fine is established by the Courts as the fine payable for a voluntary guilty plea. If a driver is convicted at trial, the JP can impose the set fine or the fine prescribed in the HTA. It's basically an incentive to plead guilty and save the system time and money.
- Tue Oct 10, 2017 1:15 pm
- Forum: General Talk
- Topic: No Insurance Card Ticket
- Replies: 9
- Views: 3942
Re: No Insurance Card Ticket
If you have proof you sent them (e.g., a fax confirmation), you should ask for dismissal.
- Thu Oct 05, 2017 11:45 pm
- Forum: General Talk
- Topic: No Insurance Card Ticket
- Replies: 9
- Views: 3942
Re: No Insurance Card Ticket
If there are no fatal errors, you won't have it dismissed unless you or someone acting for you is there.
Has the Prosecutors office replied to your disclosure requests? If so, you know they've been received. You may succeed at having the prosecutor withdraw the charge on the basis of non-disclosure, but someone has to be there to request that ...
Has the Prosecutors office replied to your disclosure requests? If so, you know they've been received. You may succeed at having the prosecutor withdraw the charge on the basis of non-disclosure, but someone has to be there to request that ...
- Fri Sep 29, 2017 3:25 pm
- Forum: General Talk
- Topic: Driving to States - NY
- Replies: 5
- Views: 2433
Re: Driving to States - NY
Be careful on the New York State Thruway (I-90) if you're using it. There are frequent weekend blitzes by State Troopers, when they show almost Zero Tolerance. If I remember correctly, the speed limit on the Thruway is 65 mph (about 105 km/h). When you're driving eastbound from Buffalo to Rochester, watch for police with "customers" on the other ...
- Thu Sep 28, 2017 10:55 am
- Forum: General Talk
- Topic: Section 78 Paragraph (1) - What are the limits?
- Replies: 1
- Views: 2784
Re: Section 78 Paragraph (1) - What are the limits?
There's a Saskatchewan case from 2012, R v McNally (https://www.canlii.org/en/sk/skpc/doc/2012/2012skpc58/2012skpc58.html) in which the driver had a "glowing screen" on the passenger seat. The officer charged him under the Traffic Safety Act. At trial, the judge ruled that the driver was paying more attention to the screen than to his driving. I ...
- Wed Sep 27, 2017 1:09 pm
- Forum: General Talk
- Topic: Drivers abstract destroyed!! paralegal negligence need help
- Replies: 1
- Views: 1750
Re: Drivers abstract destroyed!! paralegal negligence need h
1. Ultimately, you're responsible for ensuring your matter is dealt with appropriately. If you truly believe your paralegal was negligent, you can complain to the Law Society of Upper Canada, which regulates lawyers and paralegals. The LSUC may decide to investigate.
2. If you admit to the speed, you can't possibly win. An admission of guilt will ...
2. If you admit to the speed, you can't possibly win. An admission of guilt will ...
- Mon Sep 25, 2017 1:31 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: 131 in a posted 90 and failure to provide Insurance. Reduced
- Replies: 13
- Views: 6981
Re: 131 in a posted 90 and failure to provide Insurance. Red
It sounds like the officer reduced the speeding to about 15 over (at which speed there are no demerit points). Double check the ticket to see what the reduced speed is.
Request a trial so you can see the officer's notes. If his notes are thorough, you won't win. In fact, as you're probably aware, the speeding charge will be amended to 131 and you ...
Request a trial so you can see the officer's notes. If his notes are thorough, you won't win. In fact, as you're probably aware, the speeding charge will be amended to 131 and you ...
- Tue Sep 19, 2017 1:57 pm
- Forum: Careless Driving
- Topic: First ticket Careless Driving Ticket
- Replies: 7
- Views: 4487
Re: First ticket Careless Driving Ticket
I missed the part about the swerve to the right.
- Tue Sep 19, 2017 1:56 pm
- Forum: Failing to lower headlamp beams
- Topic: failing to use lower beams
- Replies: 4
- Views: 9176
Re: failing to use lower beams
I can't see this charge ever succeeding, especially when disclosure shows it was a bright day with good visibility.