Search found 150 matches

by liveontheedge
Fri Jun 12, 2009 4:17 pm
Forum: Courts and Procedure
Topic: Disclosure, change court date
Replies: 31
Views: 18332

Re: Disclosure, change court date

I need some advice and help on this.

my court date is June 26. I was charged with 142(1) turn not in saftey on March 11. I have asked for disclosure via postal mail in April and hand delivered on June 1st. I have not recieved disclosure.

I filed a motion to change my court date and I need to attend the court on june 19.

My question is, can I ...
by liveontheedge
Fri Jun 12, 2009 3:40 pm
Forum: Improper passing
Topic: Improperly Passing a Streetcar
Replies: 41
Views: 28791

Re: Improperly Passing a Streetcar

Since the officer was on the other side of the road, do you think he saw what actually happened? if not he will have to rely on the street car driver to testify for the charge to stick. Then the driver and the officer need to show up in court. You have a chance.

If you want to fight the ticket, request disclosure to see what evidence the officer ...
by liveontheedge
Fri Jun 12, 2009 11:24 am
Forum: Improper passing
Topic: Passing Off Roadway
Replies: 9
Views: 6104

Re: plea-bargain

Plea bargain you say... Well, what exactly would I ask for? Is there anything that does not carry demerit points (It says 150 (2) on the ticket - I assume it is 3 points).
I have seen the traffic court and realize they are after increasing the 'revenue', especially in light of the fact that most industry has moved out of Ontario... but what kind ...
by liveontheedge
Fri Jun 12, 2009 10:29 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket
Replies: 32
Views: 13558

My trial

Charge: Speeding 60 (reduced from 64) in 40 zone, 11+ months delay, 1st trial day, illegible officers note.

I went to court in the morning to check the docket, the cop only had 2 cases for the day. My thinking was that 80% he would not show up. I went back in the afternoon for my trial, I was wrong the cop showed up (for only 2 cases???) (My guess ...
by liveontheedge
Fri Jun 12, 2009 9:25 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: over 49km on dvp
Replies: 8
Views: 2663

Re: over 49km on dvp

Less than nine months delay to trial, another delay at prosecutor's fault would put you in a good position for an 11(b) argument. Disclosure request would help.

Ok he may have paced you but you may have slowed down already when he was still far back. Disclosure will tell.

Send in a detailed request for disclosure. Once you get it, you will have a ...
by liveontheedge
Thu Jun 11, 2009 8:04 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: over 49km on dvp
Replies: 8
Views: 2663

Re: over 49km on dvp

hwybear wrote: it is not impossible....think outside the box :wink:
How so?
by liveontheedge
Thu Jun 11, 2009 3:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: over 49km on dvp
Replies: 8
Views: 2663

Re: over 49km on dvp

How much time is it from the offence date to the court date?
If the police officer had no radar on you, it is impossible for crown to prove the case. Request disclosure, you will know more what evidence he had against you.
In the disclosure ask for: speed gun manual, calibration record, reapir history, officer's training certificate and of course ...
by liveontheedge
Thu Jun 11, 2009 10:21 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 - June10 Court Date
Replies: 23
Views: 19455

Re: Speeding 139 - June10 Court Date

Congratulations, Neo!!!!!

You are right, 99% of people pleaded guilty for a lesser charge. I saw drivers waiting in the hallway for their trials, desperate for any help but they were not aware that the guys sitting next to them having the same speeding ticket from the same police officer. They certainly could help each other if they knew each ...
by liveontheedge
Wed Jun 10, 2009 9:52 am
Forum: Courts and Procedure
Topic: Disclosure request content
Replies: 32
Views: 24622

Re: Disclosure request content

gt0ro wrote:Hello,... Do I need to leave my phone number or can I ask that they contact me through mail/fax?

Thanks!
Definitely do not give them your fax number.
by liveontheedge
Tue Jun 09, 2009 6:46 pm
Forum: Courts and Procedure
Topic: Disclosure
Replies: 3
Views: 2941

Re: Disclosure

If you dont get disclosure when the trial date comes, you can ask for a stay, but it is unlikely that it is granted (as ticketcombat said it required 20 days notice in writing),

The JP is likely going to adjourn the case for you to obtain disclosure.
by liveontheedge
Sat Jun 06, 2009 9:28 am
Forum: Courts and Procedure
Topic: Disclosure
Replies: 3
Views: 2941

Re: Disclosure

Three weeks does not seem enough time to receive dislosure, but it's ok to ask the Justice to delay the trial in order to obtain disclosure, but he may attribute the delay as your fault.

One of the purpose of disclosure is to get an adjournment and make that the prosecutor's fault.

I take that you want everything over and done with in the coming ...
by liveontheedge
Thu Jun 04, 2009 11:37 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Wrongful Charge for Failure to Stop at Stop Sign...
Replies: 15
Views: 12945

Re: Wrongful Charge for Failure to Stop at Stop Sign...

I had similar stop sign ticket a while back with fence and bushes blocking the cop's view. The cop had very nice story in his note that he was there for a sole reason of enforcing the traffic stop because the residents complained that people ran the stop sign blah... blah ...

My plan A was: delay the trial if cop is there
My plan B was: go to ...
by liveontheedge
Thu Jun 04, 2009 8:46 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Wrongful Charge for Failure to Stop at Stop Sign...
Replies: 15
Views: 12945

Re: Wrongful Charge for Failure to Stop at Stop Sign...

Don't forget to go back there and take pictures, date and stamp them in case you need them for plan B.
by liveontheedge
Wed Jun 03, 2009 3:45 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 - June10 Court Date
Replies: 23
Views: 19455

Re: Speeding 139 - June10 Court Date

sorry my bad, i reread your post, it appears that the genesis VP has internal self calibration.
by liveontheedge
Wed Jun 03, 2009 1:00 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 139 - June10 Court Date
Replies: 23
Views: 19455

Re: Speeding 139 - June10 Court Date

Thank you for posting this amazing work, it definitely helps me in my up coming trial of speeding. I too found that "independent recollection" was very interesting and will use it in my case for sure.

You probably already aware that in other cases the JP did accept officers statements that he was trained at place in the month/year (without proof ...