I think that was all the disclosure you get. So stop asking for disclosure and prepare for the trial, line up all possible defenses and pull the trigger one by one. Don't give up on the the cop not showing up at the 2nd trial, my case proved that the cop did not show up at the 2nd trial date which was picked by him. (be prepared, don't take the deal from the Crown if the cop don't show up at the second trial). In my opinion, improper disclosure is weak defense in this case, 11b is very slim, FLSA is a maybe, you may loose if you go to trial. Your mother does not need to be at the trial, you ca...

If that was the case then both officers have to be in court for the prosecutor to have a chance of getting a conviction.

Does diclosure mention anything about this?

You may want to prepare for the case both of them actually showing up.

And what if the cop's version of the story is different, that the one wrote up the ticket also the one made the stop, and the JP will beleive the cop's version unless you have evidence to prove otherwise.

nexxen90 wrote: The thing that scares me the most is if they ever try and plant something on me (ex: drugs) because their pissed off, that way i'll have evidence.

Check this video out

That's the lowest of the low from the cops

nexxen90 wrote: So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?

Don't ever try that! Like Bear said the cop has many reasons to suspect you.
He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged.

If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy.

thanks liveontheedge! I have some more question. I've just found out that the location, "at street A & street B", written on the offence notice that was given to my brother is actually one intersection away from the actual stop sign street A & street C. There is no stop sign at street A & B. The court notice, however, simply states "at street A". does this count as a fatal error? According ticketcombat site, wrong location is not a fatal error. It will probably be clarified if the cop made a mistake or not once you get his note thru disclosure. If he made mista...

hwybear wrote: ............
subpoena = witness that is ordered to come to court to give evidence

Is there a penalty attached to subpeona if the witness refuses to come to court to give evidence with the excuse that witness has to be at work or lost pay, lost job?

Congratulations!!!!!!
I know how it feels beating the system!
I couldn't beleive the witness for the cop was persistent. Wondering what i heard is true, that the witness would be fined thousands of dollars if he/she refuses to come to court to testify.

Why cancel an already scheduled court date? By letting it happen you still can plead guilty with an explanation at worst plus have a chance of winning if the cop does not show up (unless you don't want to spend time to take that chance)

1. Send out a request for disclosure right away and at the trial date ask the JP for another adjournment to get dislcosure 2. Settle or fight is your brother or your decision, no one can make that decision for you. If he gets convicted and the insurance find out (only if they pull his driving abstract, many don't) there may be prenium increase depending on his insurance company (some forgive 1st conviction) 3. You can represent your bro, no problem 4. Ask the Crown if the cop is there before taking any deal, hold off you plea till he shows up, if he is not there, don't take the deal from the C...

I don't where your court house is, but in Markham/401 court in Toronto,
cops sit in the same court room with drivers.

If you don't check in with Crown at the beginning of the court session, you have another chance at break time to do so, you can sit at the back of the court room in the first half to look for the cop.

If you are going in alone then ask the judge for a delay to seek legal advise or to apply for legal aid (if possible). This will buy you time to prepare for next appearance. Don't talk to much to the prosecutor as you may end up incriminate yourself.

Some of the charges may be exaggerated but cop's job is to lay charges regardless of evidence, if not he'll be out of work.

If this goes to trial, you don't need to take the stand to lie that you made a full stop (perjury is a serious offence). The burden of proof is on the prosecutor to prove the charge, you will cross examine the witness and/or poke holes into the prosecutor arguments to create doubt or to prove there was not enough evidence to warrant the charge in your case as your car is not seen in the second picture.

There are cases in the red light ticket section of this forum that may give you more info. Good luck

If you decide to plead down, the crown may not offer 10 over but 15 over is possible, a bit more fine but both carry no point. If it goes to trial, the burden of proof for 30 over is on the Crown, you don't have to testify that you only did 10 over (you are already guilty, the only question left for the JP to decide is what the number associated with the conviction: 10 or 30 over). Request disclosure is better done by fax and keep the fax receipt: officer's note, radar/ldar manual, officer's training record, repair history... Another option is use paralegal as you are 450km from the court house.

Disclosure is charter protected, section 7 of the Charter.

But is there any rule saying that it must be provided before the 15 days expired?

... In fact, OPS Copper discussed that in another thread, warning GC that he should stop posting as though his tactics are foolproof and guaranteed to work. I have no problem with someone creating a novel defence, theory or idea, or even suggesting those methods to others, provided that they WARN them about it. If the idea is wrong, and someone unsuspectingly followed the advice, they're up the creek without a paddle, and that could involve something as serious as a stay in the Crowbar Hilton. People need to be properly informed. . Paralegals are in for the money, some of their advices are mi...