Re: Exceeding Speed Limit By 15km/h-trial Or Pay?
I'm going to the court in the coming week...
requested Disclosure back in Nov but haven't got it yet...
Can i request a stay since I'm not getting a disclosure..or even get the case dismissed...
thanks!
Re: Exceeding Speed Limit By 15km/h-trial Or Pay?
Have you followed up on the disclosure request?
If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment.
If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.
Re: Exceeding Speed Limit By 15km/h-trial Or Pay?
Zatota wrote: ↑Mon Mar 05, 2018 2:27 amHave you followed up on the disclosure request?
If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment.
If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.
thanks!
Re: Exceeding Speed Limit By 15km/h-trial Or Pay?
UPDATE:
Went to the trial, police showed up but left before the trial (don't know why...)...Ticket withdrawn..
thanks everyone for your help and drive safe!
Re: Exceeding Speed Limit By 15km/h-trial Or Pay?
A win's a win! Congratulations.
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