35 over notice of trial mistakes/ disclousure request
brandot
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35 over notice of trial mistakes/ disclousure request

Unread post by brandot »

Hey all I have recently have gotten a speeding ticket and have to decided to dispute it in court as it is 35 over and I have a G2 which will make my insurance skyrocket/make me uninsurable and suspend my license. When I recieved the notice of trial I noticed that they incorrectly spelled my address and also used a different enforcement agency number than on the ticket, does that do anything like for example make the notice wrong or something because the agency number is wrong or does it do anything? Also when I asked for disclosure I followed the way outlined on ticketcombat.com and after multiple emails refuting that I do not have to fill out their request for disclosure form and only need to send a letter for it they still insisted on getting me to fill the form. Is there anything I should know about requesting for disclosure. ANy advice helping me fight this ticket would be greatly appreciated.


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Reflections
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by Reflections »

Fill out their form and add whatever you want, really. That doesn't mean asking for the birth date of the officer, keep your requests pertanant to the offence. Type it all up and fax it over, so you have a record. Keep copies for yourself. The agency number sounds like you may have an out, but I am not 100% on that. You may have to consult a paralegal for a firm answer.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Decatur
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by Decatur »

The Notice of Trial is not a charging document and any errors are not fatal to the charge. These documents are typed up by court staff well after the fact and well known to have minor errors.


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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by iFly55 »

If they sent a notice of trial to the wrong enforcement agency, does this mean there is a possibility the officer will not get his 'Notice of Trial'?

ergo, not show up to trial?


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Decatur
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by Decatur »

Not likely. All they have to do is look at the original offence notice and even if there is a clerical error and the officer isn't in court, the prosecution will likely request and adjournment.


brandot
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by brandot »

Thank you for the info guys I also was wondering...is there a law that states that the accused does not need to fill the request form as stated on ticketcombat.com and if I have nto received disclosure by the court date can I adjourn the trial?


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Reflections
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by Reflections »

The request form is actually an attempt to help the system work better, however the crown will try to use it to their advantage..... so use their form and ask for the usual items that you can find in other threads here. Use these to figure out what NOT to ask for.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


brandot
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by brandot »

Okay so on Friday evening the prosecutor sent me an email with an attachment saying that as far as he is concerned he has provided me with full disclosure. Firstly during our previous exchanges he said that I would not be emailed (it was an impossibility due to the Police not having the service?)but called to be notified when I can go and pick up the disclosure I desired. I opened the attachment to find a 7 page pdf file containing my request, the officer's hand written notes, evidence act notice and the first and last page of a speed radar user's manual. To my understanding this is not even close to full disclosure because it does not have such things as maintenace and calibration records for the device. The prosecutor said to call him with any concerns. My trial is in 2 days meaning Id have to call about receiving the rest of the disclosure the day before the trial date. What can I do any tips would help greatly.


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Decatur
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Re: 35 over notice of trial mistakes/ disclousure request

Unread post by Decatur »

You're not likely to get maintenace and calibration records. If you believe that you haven't received enough disclosure, you have to show the court why you need it.






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