Search found 10 matches

by proper_joe
Fri Nov 14, 2008 11:46 am
Forum: General Talk
Topic: Re-send request for disclosure?
Replies: 7
Views: 1958

I'm not sure what to make of the first few replies. I do live in the jurisdiction where the ticket was issued, and have decided to fight it in court. My court date is in 3 weeks.
ticketcombat wrote:You should definitely send a second request referencing the first.
I shall do so, and will include my concern about preparation and that I haven't got a reply. Also, should I repeat the entire request and list the stuff I need again, or just ask them to refer to the previous letter to send me stuff I asked for last time? After all, I have proof that they received the last letter.

Thx
by proper_joe
Thu Nov 13, 2008 3:25 pm
Forum: General Talk
Topic: Re-send request for disclosure?
Replies: 7
Views: 1958

Re-send request for disclosure?

Should I ask for disclosure a second time if I didn't receive it? I sent a registered letter asking for disclosure 6 weeks ago and didn't receive anything yet. I know they received it, they signed for it. I have a photo of the letter along with the envelope at the Canada post desk just before I sealed it. I have the tracking nubmer etc. If I don't get anything, I would think that I show up at court with proof and they have to drop the case because of lack of disclosure. Should I be nagging them to send me stuff? I think not. How would I prove that I didn't get anything in the mail then? Or do ...
by proper_joe
Mon Sep 29, 2008 3:29 pm
Forum: General Talk
Topic: Speeding in Community Safety Zone
Replies: 15
Views: 7383

I strongly recommend you read this case, print and paste it to your forehead and waive it about inappropriately at family gatherings until you know it inside and out. :lol: Some interesting reading there. Will definitely wave it about inappropriately. As for the FOI, I don't think it's worthwhile. What are you going to do with this information when you get it? Besides, it's going to cost you a lot of money for the photocopies. They have to prove they followed procedures, which means they have to provide evidence in court, not you. And if they don't disclose that evidence to you in advance, it...
by proper_joe
Mon Sep 29, 2008 12:41 am
Forum: General Talk
Topic: Speeding in Community Safety Zone
Replies: 15
Views: 7383

But the good news is that they think that if you know about it you will question the officer about it which is a huge mistake: You: Was the gun calibrated properly? Cop: Yes. You: Oops! Sorry, do you mean it's a mistake for the officer to say that the gun was calibrated because they did not reveal the paperwork from the facility that calibrated the tuning fork through disclosure (regardless of whether they actually bring it to court)? What if the Police send it to me with the freedom of information request? Lack of disclosure leads to an adjournment. An adjournment leads to an 11b application...
by proper_joe
Sun Sep 28, 2008 12:39 am
Forum: General Talk
Topic: Speeding in Community Safety Zone
Replies: 15
Views: 7383

P_Joe, I would pursue the fatal flaw on the ticket argument. You can even highlight it in your disclosure request under a section called "Explanation and Clarification of the Charge": Please indicate how the "Total Payable" on my Notice of Offence is calculated, including a breakdown for the set fine, costs and victim fine surcharge. Also please indicate what relation the fine has to the alleged speed I was going, that is under what authority (Act, section, regulation, etc) is the fine calculated and how is this calculation made so that I may understand the charge and prep...
by proper_joe
Sun Sep 28, 2008 12:21 am
Forum: General Talk
Topic: Speeding in Community Safety Zone
Replies: 15
Views: 7383

Hwybear: Well, the judgment was upheld upon appeal, so it stands.. Never said it did not stand....just does not make sense I cannot disagree. It doesn't make sense, but neither does my ticket, in my opinion. Here is a quick summary. I was leaving a shopping centre driveway turning right from a stop sign onto a very busy 3 lane road. I had to move all the way to the left on that road into a dedicated left turn lane at the very first lights about 350 m from the driveway (4 lane change). The road was clear, but the lights about 50 m back turned green just as I started from the stop sign. The onl...
by proper_joe
Tue Sep 23, 2008 2:31 pm
Forum: General Talk
Topic: Speeding in Community Safety Zone
Replies: 15
Views: 7383

Hwybear: Well, the judgment was upheld upon appeal, so it stands. Tcombat: My ticket states exactly that I allegedly did commit the offence of: "Speeding 89 km/h in a posted 60 km/h community safety zone". I certainly cannot plead guilty to this charge, because the community safety zone is not posted in French in a bilingual area thus it is not posted according to the government's own regulations thus it is not posted. Period. I don't see why I should be charged with "speeding 89 km/h in a posted 60 km/h zone" as it's a different charge and the ticket does not reflect that....
by proper_joe
Tue Sep 23, 2008 10:46 am
Forum: General Talk
Topic: Any rules for speed trap locations?
Replies: 5
Views: 2433

Any rules for speed trap locations?

Are there any rules whatsoever regarding where the cop can stop and hide to catch speeders? For example, can they be on private property (e.g. sitting in some driveway)? Can they face the wrong way on the road? etc.
by proper_joe
Tue Sep 23, 2008 9:12 am
Forum: General Talk
Topic: Speeding in Community Safety Zone
Replies: 15
Views: 7383

Speeding in Community Safety Zone

I got charged with speeding in a community safety zone. The community safety zone signs are unenforceable because they are in English only (see R. v. Myers: http://www.yourbestdefence.com/illegal_ ... _case.html) and I'm in a designated bilingual area. My question is, do I still get charged for speeding or will the whole thing be quashed?
by proper_joe
Mon Sep 22, 2008 11:06 am
Forum: General Talk
Topic: Antique Radar Detector...
Replies: 8
Views: 2653

Put it in a box and put some mailing labels on it. You were going to mail it.

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