I only got my notice of trial at the end of June 2016 and did not do anything about it till now. My trial date is Oct 3rd 2016. I just faxed in the request for disclosure today Sep 16th, 17 days before my date. It probably is not enough time for the prosecutor to gather disclosure. In the disclosure I asked for bodycam footage of the officer as he was wearing one at the time and notified me about it. So should I show up and request an adjournment on the grounds that I did not receive disclosure? Will the justice see that I requested it this late and did not give the prosecutor reasonable time to gather my disclosure? Will this harm my chances of getting a stay down the line?
Any help is appreciated.
You've known about this ticket since February. You received your Notice of Trial in June. You sent in your disclosure request 2 weeks before your trial at the end of a Friday.redd24 wrote:Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that?
I received bad advise from a friend who's a law student. His strategy was to keep adjourning till it gets thrown out.bend wrote:You've known about this ticket since February. You received your Notice of Trial in June. You sent in your disclosure request 2 weeks before your trial at the end of a Friday.redd24 wrote:Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that?
Sadly Zatota is right. You'll have to deal with this one.
Also, you're a g2 driver subject to novice driver escalating sanctions. If convicted of an offense with 4 or more demerit points, you'll serve a 30 day suspension. Just something to keep in mind.redd24 wrote:I received bad advise from a friend who's a law student. His strategy was to keep adjourning till it gets thrown out.
So I had my trial appearance today. It was a very revealing experience. The JP was waiving the fine completely for people who took plea deals and were unemployed.
The prosecutor agreed to adjourn to Jan 27 2017, although he noted my late request for disclosure and that I had not mentioned my phone number in request for disclosure.
They also gave me disclsoure. Ive scanned it and uploaded it: http://imgur.com/a/nftAa
Any advice is appreciated.
Under Instrument Confidence checks it says " LTI suggests that you do one of these tests each time the instrument
is taken on duty. "
There are 2 tests, Fixed Distance Test and Delta Distance test which both involve standing fixed distances from a wall.
From the manual:
When setting up an area for these tests, LTI recommends:
Ã¢Â€Â¢ Permanently installing the test area in a convenient location.
The test area must establish a permanent, known distance
between a shooting mark and a target (Fixed Distance Test)
or between a shooting mark and two targets (Delta Distance
Ã¢Â€Â¢ Using a metal tape to measure the distance; this will ensure
that the measurement is accurate.
The officers notes only say:
"Test ultra lyte UX011086 at 0615 and 1100"
It doesnt say which test was conducted.
What are the odds the officer doesnt do this at all? Is this an angle that's worth pursuing?
Can I write to the prosecutor asking him to provide this information? (which he most likely does not have)