Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

telaniscorp
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Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by telaniscorp »

My Court date is next week Thursday but I will be at Montreal for a conference for work. Flights, hotel is book and all. I remember to check my ticket and to my surprise yeah its 29th!!

I sent the disclosure mail and did not get any reply from the prosecutor btw. I have a copy of the letter and also the canada post tracking number.

What are my options? Should I try to go there Monday and try to delay the court date? Pay and move on? I have no disclosure so i'm not sure how to proceed with this.

I was going to drive down there today but it's already 3PM and I live in 70 kms away.


ShrekTek
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Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by ShrekTek »

Is there somebody that can go for you? Just send them with a signed letter explaining that they are there to ask for a new trial date on your behalf because (1) you did not receive disclosure yet, and (2) you are away at a conference in Montreal.

If you can't find anybody to go for you then I would fax a letter (ASAP) to both the clerk of the court and the prosecutors office explaining why you can not be there, and hopefully they will give you a new trial.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


telaniscorp
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Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by telaniscorp »

ShrekTek wrote:Is there somebody that can go for you? Just send them with a signed letter explaining that they are there to ask for a new trial date on your behalf because (1) you did not receive disclosure yet, and (2) you are away at a conference in Montreal.

If you can't find anybody to go for you then I would fax a letter (ASAP) to both the clerk of the court and the prosecutors office explaining why you can not be there, and hopefully they will give you a new trial.
Thanks ShrekTek.. would you happen to know the fax numbers for them? They make it hard to find any of those info at all.

EDIT: Found the Prosecutors office fax.. Just need the Clerk of the court fax now.

Thanks


ShrekTek
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Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by ShrekTek »

You can look up the Provincial Offences office fax number. That is where you send stuff to the Clerk. Call them and ask for fax if you can not find it online.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


telaniscorp
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Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by telaniscorp »

Hi All,

Tomorrow is my court date after a reschedule. Should I just show up and check what the crown will offer me? How do I know if the officer will be there for the trial, should I come in early; check and see if he is around?

When I went to my reschedule the disclosure was actually there at the prosecutors office but they did not mail it back to me.

So right now, I have full disclosure, it's readable, officer was there at the intersection and saw me do it. Signs are marked properly, no signs broken or hidden by tree. It looks like I have low chance on winning this unless the officer don't show up.

If the officer is not there, what do I say to the Justice of Peace? Not Guilty and ask their witness? If they can't provide should I call to dismiss the case?

Thanks


telaniscorp
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Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by telaniscorp »

I ended up taking the plea deal of no demerit points and something to do with green light infraction which comes with $60 fine. At that point, I wanted to just move on plus i'm not certain if the officer was outside just waiting for trial which I did saw a few of them came in after being called to testify.

I taught that I could have asked the prosecutor to ask the officer if I can meet with him and explain a few items on the written notes which I should have to check if the officer was there. She probably just went for the quick conviction since maybe the officer wasnt there so she game me no points which to me sounds tempting but at the end of the day it still will show up on my driving record.

Anyways, I taught that if my insurance increase next year it would still be cheaper than paying the $$$ the ticket fighter wants it was almost a years worth of my insurance. I hope I made the right decision and no more tickets for awhile :)


daggx
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Re: Help.. 114 (9) PROCEED CONTRARY SIGN INTERSEC

Unread post by daggx »

Given your description of the situation I think plea bargaining to a reduced charge was the right call. Unfortunately it sounds like the prosecution had a strong case and it would have been difficult to win outright. If you only have one minor ticket on your record your rates may go up, but it won't be a huge increase. Also some insurance companies will forgive one minor ticket every 3-5 years so depending on your insurance policy you might not see any increase at all.


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