Search found 4 matches

by jsmith199
Sun Jun 24, 2012 2:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Not enough time given to me to request Disclosure?
Replies: 5
Views: 3393

Re: Not enough time given to me to request Disclosure?

Great, thanks again for the quick response. I think what i'm going to do then is request for an adjournment to another date, on the grounds that I need some more time to review the disclosure documents (or perhaps I'll have an emergency I need to attend to that day?). Do you think that would go over well with the prosecutor and/or JP? At worst, I can at least postpone my insurance rate hike until next year, when it's up for renewal in october.

Thanks again for the great input
by jsmith199
Sun Jun 24, 2012 12:39 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Not enough time given to me to request Disclosure?
Replies: 5
Views: 3393

Re: Not enough time given to me to request Disclosure?

Also, I received a "Summons to Defendant" under Part III of the Provincial Offences Act, so I think this is not considered a "First Attendance Date", but rather, a "First Appearance Date". Something I found online re: Part III summons Part III – Proceeding Commenced by Information The procedure in Part III is for offences that must be brought before a justice for resolution; they cannot be resolved through the payment of a set fine. The decision whether to prosecute under Part I or Part III often rests with the police officer or provincial offences of...
by jsmith199
Sun Jun 24, 2012 12:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Not enough time given to me to request Disclosure?
Replies: 5
Views: 3393

Re: Not enough time given to me to request Disclosure?

Thank you so much for your response Stanton, that is very helpful. A couple of further questions that perhaps you could assist me on: 1)So I'm assuming at the Summons, the prosecutor will try to make a bargain with me (i.e, reduced fine, etc...) and if i reject his plea bargain, then i'll go to a regular trial, like any other speeding ticket? If this is the case, would you recommend going to trial anyway, and take my chances on not getting disclosure, the cop not showing up, etc...? 2) You mentioned that the disclosure will likely be given to me on the first attendance date. However, do I not ...
by jsmith199
Sat Jun 23, 2012 5:22 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Not enough time given to me to request Disclosure?
Replies: 5
Views: 3393

Not enough time given to me to request Disclosure?

I was stopped yesterday for a speeding ticket, and driving with a suspended license (which i was not aware of--it was for an unpaid traffic ticket), as well as not having my driver's license on me. I was given a summons to appear before court 6 weeks from now. I paid my unpaid traffic ticket, and will likely get my driver's license reinstated in a week. I will be requesting Disclosure of evidence next week, and assuming that i don't receive the disclosure within 15 days of my trial date, I will be filing for a stay application based on Non-disclosure of evidence. Typically, all of the websites...

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