Got a Failing to obey signs traffic ticket?
Dondon007
Newbie
Newbie
Posts: 12
Joined: Thu Nov 20, 2008 12:14 pm

Failure To Obey Sign - Disclosure-need Help

by: Dondon007 on

This is kind of a continuation to my case earlier.

I used ticketcombat's advice and used the form to request for disclosure(Great site by the way). But all I recieved was 2 pages that includes a photocopy of the ticket and 2nd a page indicting officers short hand note of what happened that day, and a note pertaining to the video I requested stated that the video has been rounded by video service for 1 year. So, does that mean, the officer does not have a copy for me or do I have to go and obtain it with video services?, how do I go about that? I have about 3 months to deal with my case as of today...Please help!!!

Thanks in advance

User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

I'll bet dollars to donuts there is no video...... If you cannot secure it then ask for a dismisal based on lack of disclosure.

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined: Mon Jun 30, 2008 5:59 pm
Location: Toronto
Contact:

by: ticketcombat on

I'm not sure what "rounded for 1 year" means. Whether the Crown or the police have it, it is the Crown's duty to disclose it to you. Send another letter restating your request, indicate that you believe there is evidence that will exonerate you and you must have it in order to prepare for trial. Also note in your letter that there is barely enough time left for you to prepare your defence and a response is requested urgently. Hopefully you won't get anything and can argue improper disclosure.

Fight Your Ticket!
User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

We do not have video, but maybe something like our communication centre, lines are taped and only kept for a certain period of time then are used over again.


Or like most businesses that have video, they record a video and it is recorded over again. Some are continuous 24hr recording loops.


If nothing happens, not really a need to keep videos around to collect dust.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

If that tape was re-recorded over before trial that would be destruction of evidence...... and that's criminal... :evil:

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Dondon007
Newbie
Newbie
Posts: 12
Joined: Thu Nov 20, 2008 12:14 pm

by: Dondon007 on

Thanks all for your input and support!!! I'm just guessing on one of his wording really...its hard to read his writing, this is what I make of the officers note: video for this offence has been round by video services. 1 year retention period at present...

Any additional tip may be great!

User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

Do yourself a favour and get in touch with video services. However, if there is a video then it should have come with the disclosure package.

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
User avatar
racer
VIP
VIP
Posts: 957
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

Posting Awards

Moderator

by: racer on

Wouldn't asking for it in disclosure be sufficient to get the video proof? Makes better case for an incomplete disclosure (unless there truly was no offense)...

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
Post a Reply
  • Similar Topics

Return to “Failing to obey signs”

Who is online

Users browsing this forum: No registered users and 2 guests