Radar detector offense

705johnny1980
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Radar detector offense

Unread post by 705johnny1980 on

I was pulled over due to a supposed speed measuring device warning. I allowed the officer to search the vehicle and he found nothing. He still however issue me a citation for said offense believing I was hiding it. I was traveling in a grouping of cars including Alberta plates. Only I was stopped. How do I fight this offense....


Stanton
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Unread post by Stanton on

I think without the device actually being found, it would be very hard for you to be convicted. I'd request disclosure and see what the actual evidence against you is.


705johnny1980
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Unread post by 705johnny1980 on

Since this just happened when do they have to hand over any disclosure?


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Decatur
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Unread post by Decatur on

They don't simply "hand over" disclosure. Choose option 3 on the ticket and when you get a notice of trial, request it from the prosecutor. See the section on Ontario Traffic ticket help articles.


705johnny1980
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Unread post by 705johnny1980 on

Thanks for the information


flightless37
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Unread post by flightless37 on

Decatur wrote:They don't simply "hand over" disclosure. Choose option 3 on the ticket and when you get a notice of trial, request it from the prosecutor. See the section on Ontario Traffic ticket help articles.
Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?


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Unread post by bend on

flightless37 wrote:Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?
There's no use for disclosure at a resolution meeting. A resolution meeting is not a trial. They wont hear your arguments against the charge. They will offer you a deal and you will either decide to take it or not. The moment you start defending the charge is the moment they will end the meeting. Either you are there to plead guilty one way or another or you need a trial.

You can request disclosure once you get your notice of trial. If you decide a full blown trial is not in your interested, they will offer you a similar deal on that day again anyways.


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Unread post by Stanton on

flightless37 wrote:Reviving from the graveyard, could you in theory choose option 2 (as I recently learned, option 2 does not forfeit your right to a trial), get disclosure beforehand, and then use it at the meeting with the JP?
The options on the back of tickets varies from one jurisdiction to the next. Make sure that option 2 is for an "Early Resolution" meeting with the Crown. The option 2 that takes you before a Justice of the Peace is simply a guilty plea with the hope for a reduced fine.






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