Topic

Over 49km On Dvp

Author: king4087


Post Reply
king4087
Newbie
Newbie
Posts: 6
Joined: Thu Jun 11, 2009 2:47 pm

Over 49km On Dvp

Unread post by king4087 »

well I got pulled over by toronto police 6 months ago and i got my court date. I was wondering what should i ask for disclosure request. I really need your help guys. please more you list is better and i will ask for it. I am 90% sure he did not caught me on radar because he followed me 4 km when I saw him far behind i slowed down and he came right behind me and as i said he followed me 4 or more km. he pulled me over when I exit from highway. thanks guys

liveontheedge
Member
Member
Posts: 150
Joined: Mon Apr 28, 2008 2:23 pm

Unread post by liveontheedge »

How much time is it from the offence date to the court date?

If the police officer had no radar on you, it is impossible for crown to prove the case. Request disclosure, you will know more what evidence he had against you.

In the disclosure ask for: speed gun manual, calibration record, reapir history, officer's training certificate and of course officer's note...

See ticketcombat.com for sample of disclosure

User avatar
hwybear
High Authority
High Authority
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Unread post by hwybear »

liveontheedge wrote:How much time is it from the offence date to the court date?

If the police officer had no radar on you, it is impossible for crown to prove the case.


it is not impossible....think outside the box :wink:

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Unread post by Radar Identified »

Just to clarify, did the officer reduce it to 49 km/h over from a higher speed or did he catch you at 49 over? Just asking. As for the disclosure request, ask for the evidence that liveontheedge suggested. Remember one of the objectives with disclosure is actually not to get it (or part of it), because then you can file a motion for a stay.

User avatar
Reflections
High Authority
High Authority
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Unread post by Reflections »

liveontheedge wrote:
hwybear wrote:

it is not impossible....think outside the box :wink:


How so?


Pacing....

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
king4087
Newbie
Newbie
Posts: 6
Joined: Thu Jun 11, 2009 2:47 pm

Thanks Guys

Unread post by king4087 »

well i got pulled over on february 10/09 and i have court date on november 02/09.

for 2nd question I really dont know if i was making that much speed. All he(poilce) said i was going too fast and dont remember if he meantioned he reduced to 49. he came with ticket and told me to pay this. he did not meantioned 3 choice back of the ticket

liveontheedge
Member
Member
Posts: 150
Joined: Mon Apr 28, 2008 2:23 pm

Unread post by liveontheedge »

Less than nine months delay to trial, another delay at prosecutor's fault would put you in a good position for an 11(b) argument. Disclosure request would help.


Ok he may have paced you but you may have slowed down already when he was still far back. Disclosure will tell.


Send in a detailed request for disclosure. Once you get it, you will have a better picture on how to proceed with the denfense.

User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

Unread post by neo333 »

Fax or register mail your disclosure request asap. make sure to have evidence (fax confirmation or regmail reciept).


Also ask for a "will say statement from all witnesses" in addition to everything else.

Post Reply
  • Similar Topics

Return to “Exceeding the speed limit by 30 to 49 km/h”

Who is online

Users browsing this forum: No registered users and 22 guests