Need help/advice for ticket 22km/h over, early resolution

mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

And is there a good example of what exactly I should write? Do I just include my info and ask for disclosure in general. I have seen an example form on here, but not sure.


jsherk
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by jsherk »

There is no specific way it has to be done. Something like...

NAME:
TICKET NUMBER:
TRIAL DATE:

DISCLOSURE REQUEST
With regards to the charge information above, please accept my request for the following disclosure so that I can prepare a defense, and make full answer to the charge:
- Bla
- Bla bla
- Any other pertinent materials related to this case governed by R. vs STINCHCOMBE;

I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.

Please mail disclosure to the address below. If it's more convenient for you, I can accept disclosure by email at: my@email.com
Thank you
NAME
ADDRESS
+++ This is not legal advice, only my opinion +++


mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

And you recommend putting an email address, but not phone number, correct? So that everything they respond with will be in writing?


jsherk
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by jsherk »

You can put a phone number if you want.

But the courts have decided that YOU are responsible to call and check on the status of your disclosure. So even if you give them a phone number, email address and mailing address this is no guarantee they will ever get back to when it is ready. Some places just say that you have to come pick it up, where some might email it to you and some rarely might actually mail it to you.
+++ This is not legal advice, only my opinion +++


mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

So I got my disclosure, and it seems like they have everything in order. Any suggestions on what to do next? I think I would like to go to early resolution (can I still do that, trial is mid July?). A lower fine would be good, although it would still affect my insurance. Not sure what to hope for.

Let me know if you need me to post any of the disclosure. And thanks again all.


confused23
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by confused23 »

mikec wrote:So I got my disclosure, and it seems like they have everything in order. Any suggestions on what to do next? I think I would like to go to early resolution (can I still do that, trial is mid July?). A lower fine would be good, although it would still affect my insurance. Not sure what to hope for.

Let me know if you need me to post any of the disclosure. And thanks again all.
I'm no expert, but from everything that I've read you can still cut a deal on your court date prior to the triall. And if the officer doesn't show up then your ticket will get tossed altogether.


mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

Can anyone else confirm this? Or should I call and request early resolution?


jsherk
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by jsherk »

Remember that the prosecutor is under no obligation to offer you any deal at all. But it never hurts to ask!

You could call and try to arrange meeting before trial date with prosecutor and see if they will meet with you. If they won't meet with you ahead of time, then you can speak with prosecutor before trial on your court date.
+++ This is not legal advice, only my opinion +++


mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

I called the prosecutor but they said I cannot do early resolution once I have selected trial date. So I will go to trial date and see if they offer a deal. Does anyone know, if the officer does not show, when is anything dropped? Would they tell me the officer did not show when I check in, or will the let it go all the way up until my ticket is called, and then check if the officer is there?

Thanks again all. My trial is in 2 days, I hope for the best.


jsherk
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by jsherk »

Some prosectuors will be honest and tell you that the officer is not there. Others will not tell you and will try and get you to plead guilty even if officer is not there.

If the prosecutor will not offer you a plea deal that you like, then you can say you want your trial. When they Justice of the Peace comes out and they call your name to come up, the prosecutor will say one of two things:
1- "We are not ready to proceed and will be withdrawing the charge." this means probably the officer was not there, and it means you won!
2- "We are ready to proceed your honour" which means YES the officer is definitely there and they are ready to start the trial. When they ask you how you plead, guilty or not guilty you can either say "not guilty" and continue with your trial, or you can say "I have decided to plead guilty" and then it is over.

So if the prosecutor will not tell you whether the officer is there or not, then you may have to push it right until the start of the trial to find out for sure.
+++ This is not legal advice, only my opinion +++


mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

And if I plead guilty once the JP comes out, I just pay the original fine and its over right? I don't pay anything extra unless I actually have the trial and lose, is that correct?

So hopefully I get someone who tells me right away, next best is a plea right there, and worse case is waiting for the JP and pleading guilty. Thanks jsherk


jsherk
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by jsherk »

You were charged with 72 in a 50 correct?

Did the officer say it was higher but they dropped it down?

Once JP comes out, if you plead guilty, it is for the charge on the ticket and not a higher charge.

The only time they can raise it up, is if the officer originally dropped it AND you plead not guilty AND the officer gets on the witness stand and testifies that it was actually a higher speed than what they charged you with. If you plead guilty, then the officer will not have chance to get on stand and therefore they can not raise it.

Let's say for example that the officer did drop it from 80 in a 50 to 72 in a 50. Make sure when they read the charge that they are not asking how you plead to the higher 80 in a 50. Just say "I have decided to plead guilty to the ORIGIANL charge of 72 in a 50."
+++ This is not legal advice, only my opinion +++


mikec
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Re: Need help/advice for ticket 22km/h over, early resolutio

Unread post by mikec »

The prosecutor addressed the entire room and offered everyone in it a blanket statement for a lesser charge. He didn't let anyone talk to him individually, you just waited for him to call your name once the JP was in. They asked if you accepted the lesser charge of X, but did not mention the new $ amount unless you asked, or said yes you were pleading to the lesser charge.

So kinda sucks that the officer showed up, because he did throw out a few right away with no officers. He even threw out a few even though the officers had checked in, but didn't respond when called because they were in the hall way. But those might have been for non-speeding offenses.

I also heard the prosecutor tell one of the paralegals when he opened the court room doors " don't worry you will be out fast, im the fastest gun in the west".

So I got a lesser charge, too bad I couldn't get it dropped all the way. But thanks again for everyone's help on here, I really appreciate it.


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