OHTA.ca

Months ago, driving on the 401E near Brockville. Was going about 123, when the cop pulled me over saying I was going over 140. My car has a programmable alert that I set when I exceed 130 that had not sounded, plus I looked down to my odometer when I saw the cop in the median strip. Also, this was April, ~9pm, already dark. When I noticed the cop, I pulled to the right lane (Reflex) and kept my speed. Approx. 30 seconds later, I noticed a car tailgaiting me in my rearview mirror and sort of made out a police vehicle, but his lights were off. 45 seconds after following me like this, he turned his lights off and pulled me over. Told me I was going over 140. Took license, registration, insurance to his vehicle and came back to tell me he only gave me a ticket for failure to signal (which had not been mentioned until this point).

I decided to fight it, sent back the ticket and got a court date in September. I requested the disclosure 3 times already and have not received anything. When I called the prosecutor (available for 4hrs a week to discuss cases), he said he received my email but had not received anything yet from the police.

I don't particularly feel like driving to Brockville (live downtown Toronto) for this, but the whole situation with the failure to signal and him quoting a speed MUCH higher than what I was going originally, makes me want to fight it.

Is this a lost case and I should simply pay the fine and call it a day? Is the fact that the prosecutor has still not received the disclosure himself 1 week before trial beneficial to me?

Thanks

You don't say when you made your original request. Usually, 2 months is what your average person will probably wait for a disclosure request to be fulfilled. That being said, it doesn't always work that way. If you don't already have a copy of the notes, you'll likely receive them on your trial day. If you aren't prepared to have a trial, your case will likely be adjourned and you'll receive another date.