I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes with disclosure I can use to accomplish this? This is not my main strategy to win, I just want to try and make it easier on myself. My jurisdiction states that "it's your responsibility to pick up disclosure at their office." Would not including my phone number force them to mail it to me? And would not receiving disclosure in time be justification to ask the justice for an adjournment?
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes with disclosure I can use to accomplish this? This is not my main strategy to win, I just want to try and make it easier on myself.
My jurisdiction states that "it's your responsibility to pick up disclosure at their office." Would not including my phone number force them to mail it to me? And would not receiving disclosure in time be justification to ask the justice for an adjournment?
Not including your phone number won't help as it is YOUR responsibility to check if it is ready and to pick it up. Have you already sent letter asking for disclosure? Basically you could just wait until the trial date and show up and say you would like disclosure and to review it with a lawyer before you decide how to plead. This should get you an adjournment to a another trial date. This delay though would not count towards an 11b though as it was caused by you.
Not including your phone number won't help as it is YOUR responsibility to check if it is ready and to pick it up.
Have you already sent letter asking for disclosure?
Basically you could just wait until the trial date and show up and say you would like disclosure and to review it with a lawyer before you decide how to plead. This should get you an adjournment to a another trial date. This delay though would not count towards an 11b though as it was caused by you.
You must take reasonable steps to keep the process moving. For example, you can't wait until the trial date and request disclosure then. Most JPs will grant an adjournment for disclosure, but will attribute the adjournment to the defendant. It would be attributed to the prosecution if the defendant had requested disclosure and followed up diligently but still hadn't received it.
You must take reasonable steps to keep the process moving. For example, you can't wait until the trial date and request disclosure then. Most JPs will grant an adjournment for disclosure, but will attribute the adjournment to the defendant. It would be attributed to the prosecution if the defendant had requested disclosure and followed up diligently but still hadn't received it.
You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.
You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.
Does it matter who the delay is attributed toward, if there's almost zero chance of getting an 11b anyways? Will the only other impact be the opposite party's influence as to when the next trial date is? Is it safe to assume that if the first trial date was scheduled within 45 days (+15 for responding), there's zero chance of reaching the duration required for an 11b? The officer is going to be there the first time because he said so at the side of the road. I was thinking the second time would be a less likely show due to the inconvenience. And if it was pushed off by four months, the second offense wouldn't appear on insurance when it's time for policy renewal. (assuming I lose the court case) I have not sent a letter for disclosure yet, as I'm still trying to decide the best way to go about asking for it. I was reading this could be used as leverage for an adjournment if done correctly.
Does it matter who the delay is attributed toward, if there's almost zero chance of getting an 11b anyways? Will the only other impact be the opposite party's influence as to when the next trial date is? Is it safe to assume that if the first trial date was scheduled within 45 days (+15 for responding), there's zero chance of reaching the duration required for an 11b?
The officer is going to be there the first time because he said so at the side of the road. I was thinking the second time would be a less likely show due to the inconvenience. And if it was pushed off by four months, the second offense wouldn't appear on insurance when it's time for policy renewal. (assuming I lose the court case)
I have not sent a letter for disclosure yet, as I'm still trying to decide the best way to go about asking for it. I was reading this could be used as leverage for an adjournment if done correctly.
No it does not matter who the delay is attributed too if there is no chance of getting an 11b... but point was that if it got dragged out a long time to where an 11b might be in the cards then you can not count any time that was attributed to you, so you have to meet the 11b time frame PLUS any time delays caused by you. With the OPP they schedule trial dates based on the officers work schedule, so it does not matter how many times they reschedule as they will always pick a date when the officer is working. May not be that way for all the police services though.
No it does not matter who the delay is attributed too if there is no chance of getting an 11b... but point was that if it got dragged out a long time to where an 11b might be in the cards then you can not count any time that was attributed to you, so you have to meet the 11b time frame PLUS any time delays caused by you.
With the OPP they schedule trial dates based on the officers work schedule, so it does not matter how many times they reschedule as they will always pick a date when the officer is working. May not be that way for all the police services though.
Even if 11(b) isn't going to be an issue, if one side keeps requesting adjournments, the JP could schedule the next date peremptory on that party. That means the side who's been requesting all the adjournments will not be able to request another one and had better be prepared to proceed. If it's the Crown and the Crown still isn't ready, the JP will quash the proceedings or stay the charge. If it's the Defendant and the Defendant still isn't ready, he or she will likely be convicted.
Even if 11(b) isn't going to be an issue, if one side keeps requesting adjournments, the JP could schedule the next date peremptory on that party. That means the side who's been requesting all the adjournments will not be able to request another one and had better be prepared to proceed. If it's the Crown and the Crown still isn't ready, the JP will quash the proceedings or stay the charge. If it's the Defendant and the Defendant still isn't ready, he or she will likely be convicted.
We provided our shift schedule and vacation time to the Crown so we were always available. The days of coppers not being there are pretty much gone. Not completely but it isn't like it was in the old days.
We provided our shift schedule and vacation time to the Crown so we were always available. The days of coppers not being there are pretty much gone. Not completely but it isn't like it was in the old days.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
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Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
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So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
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An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…