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I just found out that the ticket have my address wrong, instead it states the vehicle owner address not mine (I was driving someone else's car). Will that help me in defending the ticket by casting doubts at the officer's accuracy and truthfulness of facts?

Bumping this post as my trial is in two days. I was hoping to get some direction, If they provide me with disclosure the day of the trial, can I still ask for a reschedule? if so how should that look like? I haven't received anything yet.

When did you receive your Notice of Trial?

You requested disclosure 1-2 months before your court date. It's not exactly what they'd consider an ample amount of time for turnaround on your request.

What will likely happen is they'll offer you a copy on your court date.

They'll probably push to proceed, you'll argue that you need time to ...

It may have been 1 year but it is 18 months now.
If you cause any delays within that 18 months, it doesn't extend it.
If the Crown causes any delays, that's good for you and it's their problem … it doesn't extend the 18 month period.


Thanks DCamM,

How about the disclosure issue, they have not sent it yet, what is my legal argument if court ...

The only issue I have here is that the ticket was dated back in 2022 June, my court date is not until the 20th of Nov 2023 (more than 1 year).

- I am under the impression that if a ticket is more than a year old, then it's an automatic drop, is that true?
- What about the disclosure, I have requested it more than a month ago but haven't received ...

No I didn't receive the disclosure eventually.

Update:

The officer showed up and dropped the case.

Issue:
I got a hand-held ticket. the phone was in my upper pocket of my dress shirt back in July last year. My phone started ringing. I have previously noticed a police car behind me, so I asked my wife to pick the phone for me. she reached out and took the phone, answered and put it on speaker so I can talk. The phone location was in the middle ...

news?

Thanks for your input,

It seems that there is a missing piece in the justice system that needs to be resolved. this shouldn't be impossible to remove as the judge himself dismissed the case. I thought that will go away from my record the moment the ticket was thrown out

Hey guys,

In light of all the motorcycle drama happened last year, I was served stunt driving ticket at my home + 1 week license suspension. I took it to court and the officer didn't come to court twice. so the ticket ended up getting dismissed. However, the 1 week suspension stayed in my record. My driving record is crystal clean. I would like ...

UPDATE regarding my court:

went to meet my paralegal, the ticket seemed to be easily dismissable, then the paralegal told me that he received more documents as disclosure. these documents came from another officer who wasn't involved in the traffic stop, but it basically said that this officer caught me on the highway speeding with his radar. i ...

jsherk wrote:You need to specifically ask for whatever you want AND give reasons why you think it is relevant.

Most likely you will NOT get anything from them though, other than the notes, but if you ask you can then make a charter challenge for not receiving it and it adds a reason for an appeal.

Thanks. that cleared up some confusion.

Send a DISCLOSURE request to the Prosecutors office. Call them and ask for their fax number and then fax it as that is easiest. You can mail it if you want to send registered letter, but that costs money. Or you can drop if off in person.

So I requested a disclosure, and the only thing i received was the officer's notes. does that mean they dont ...

You should ask as far in advance of the court date as possible.

what are these documents called? do i request them through letters? the city is 250km away from where I live.
I tried calling them but no clear answer was provided, again I asked for video recording and they said they dont record, Im assuming similar answer will be given for a ...

jsherk wrote:Most likely they wont give you any information about the vehicle. You can ask, and you should say why you think it is relevant and then when they don't give it to you, it gives you one more reason to win on an appeal.

So basically you're saying that I should ask for this information at the court date?

thanks

Thanks everyone for your comments,

im preparing for my trial date beginning of January. I haven't yet requested information regarding the vehicle, if any of you could walk me through the process I deeply appreciate it.

Best regards,

if he just gave u this ticket and u didnt discuss any details with him, and there was no witnesses, someone might have hit u and ran away which resulted u in drifting on the side

i requested the disclosure, only received the officer notes.

Anyone can walk me through the steps of obtaining OPP vehicle calibration records and service records?

regards,
NM

Thanks for your replies,

So I guess the officer was smart to give me the disobey legal sign rather than speeding since its near to impossible to throw it off.

I'm going to keep researching, is there a way to find out about cases and precedents in courts online?

Regards,
NM

Thanks Screeech and Jsherk,

If he had a radar he has no reason not to use it, as its a cutting edge technology. I've had a friend of mine stopped with high rate of speed ticket and was taken off cuz officer didnt have a radar on him and was based on his opinion. officers lie too, we all know that and the JP knows that. thats the reason radar is ...

cat24 wrote: ....

I agree with Jsherk, GEt disclosure first. A good lawyer and a prudent one shouldn't charge more than 150-200 depending on how nice you talk to them haha.

Good luck

There won't be any speedometer calibration records...
If there was a radar in that cruiser, and there likely was, the officer will testify to the patrol speed on the radar confirmed with the speedometer in the car...

I dont think thats a valid argument. As to what seems to be the case, officer's opinion is irrelevant. If its not calibrated then ...

It really depends, If you're not planning to change your insurance company/vehicle for the next two years then go for early resolution or go for trial and experience it first hand.
If you already have tickets and demerit points accumulated on your drivers abstract then i'd say dont risk getting your license suspended if you're reaching the maximum ...

jsherk wrote:You do not contact anybody but the prosecutor to ask for disclosure......

Thanks Jsherk for all these info. Thats deep.
Should I write a letter to the prosecutor to obtain the SUV records, Or to OPP?

Regards,

Attacking speedometer means asking a lot of questions about whether it was accurate or not. For example, when was it last tested/calibrated?

But again even if you get the speedometer reading thrown out, the officer simply saying he thought you were going above 100km will probably be enough for them to convict as the JP will most likely believe ...

The officer will testify that you were driving above the speed limit, which is the sign that was disobeyed. The officer will testify why he thinks you were speeding and when the prosecutor is finished with him you will have your chance to cross examine. If you wish to tell the court that you were only doing 110Km/H, as was everyone else, you will ...

So now even if you get those things all thrown out, will the JP believe the officers testimony (based only on the officers opinion), that you were travelling greater than the posted speed limit. Of course I am making an assumption here that the charge for "disobey sign" is that you disobeyed the speed limit sign.
Based on the written ticket and ...

RE: screeech,

Looking backwards, He was parked right before where he stopped me, He was parked on the shoulder facing on wards not sideways, he sped up and I was just thinking its a regular suv that was parked for whatever reason, hence, he didn't pace me for long.

is it beneficial to obtain his video/audio recording? I could be above the speed ...