OHTA.ca

Hi all, I live in the Kitchener area, and I recently (about 2 months ago) got a ticket for failing to stop for a stop sign. As soon as I got the ticket, following TicketCombat's suggestions, I made a request for disclosure. The thing is, I didn't leave my phone number, once again, as suggested by TicketCombat.

About a week or two later, I got the actual disclosure request notice, stating the procedure for applying for a disclosure. In it, they clearly state that we need to leave a telephone or a fax number, and they also say in the paper that incomplete requests will not be processed. As soon as I got this notice, I sent a follow-up to my previous request, but once again, I still didn't leave my phone number in the follow-up request.

Now, according to TicketCombat in this thread: http://www.ontariohighwaytrafficact.com/topic1094.html ,

even if I didn't leave the phone number, they should still provide me with disclosure, and notify me via mail. Is there a law that I can cite for this case?

Since the offense, I have made in total 3 requests for disclosure (and have not receive any notification to pick it up yet), in each of which I didn't leave my phone number. I can't help but worry that they'd say I have made incomplete requests, and it was my own fault that they couldn't get to me.

Should I give in and leave my phone number in my next follow-up? Also, since I have sent 3 disclosure requests, should I keep following up with them?

Thank you in advance, and I'm looking forward for replies

I just realized that they sent me a notice, saying that they (the prosecutor) couldn't process my request due to the lack of contact information (no fax number or telephone number, even though I left my address).

In the notice that they faxed to my office on Christmas eve (I was out on vacation since the 23rd), they basically told me to contact them, and provide more thorough contact information (email, fax or telephone number) to them. Note that this notice was sent by the prosecutor directly.

Now I wonder, am I really entitled for a disclosure, even though I didn't leave my phone number? Can I somehow use this to my advantage or should I just give in and give them my contact information?

Thank you in advance

There's no "law" about leaving your telephone/fax number. It would probably be accepted as a valid request by the JP, especially since they mailed a reply to you. Personally, I'd include the telephone number. It is of no benefit to leave it out. The theory is that the Crown could claim that "we called him and he never picked it up," but they could just as easily claim "we mailed him and he never picked it up."

BTW, what did you ask for in the disclosure request?

No one is required to have an email address or even Internet access. They have your mailing address and with your response to their letter they have proof that you were in communication with you. They just prefer not to use the mail.

If you give your phone number and have callerID/voicemail you can have fun with it and play the same game as they are playing. The prosecutor and the police (ie. both may call you to tell you your disclosure can be picked up) do not seem to like to leave voicemail messages. If you don't answer their calls they will probably ignore the voicemail prompt and will just try to call you again. If they state they tried to call you in court, you can say that you didn't receive any messages from them. Respond by asking them when they called and when did they leave a message? Just say you are never at home so unless they left you a message they wouldn't be able to get you. Ask why they didn't leave a message? If they say they called you 50 times, just ask them why they ignored your instructions to leave a message 50 times? They have a way of communicating with you via phone and mail, they just chose not to. In front of the JP you want to look like you provided them with everything they needed to meet their obligation to get their disclosure to you but it is the prosecutor that is the one that is being hard to deal with.

Note that the police like to call you early in the morning (ie. 5-6am) thinking you will be home then. Also watch for different numbers calling you or "Private Call" which means they hit *67 first. Eventually they will probably mail the disclosure to you (if they don't forget). But if it close enough to the court date you can ask that it be stayed because it took them so long to get you disclosure.

The other thing they like to do is respond that they can't process your request without you filling out their request form. Surprisingly enough, it doesn't leave space for you to put in any specific information that you need. They just want to give you the minimum amount so that if asked by the JP in court, they can say that they provided disclosure. I have filled out and returned their form with a note indicating that my specific request letter is stapled to it which defeats this.

In general, don't make the process simple for them. The more complicated it is, the more chance there is for the prosecutor to screw up.

I asked for a copy of the officer's notes, and also notes about my statement. I probably should've asked for more, but in the request for disclosure, I asked for all other things related to the case as well (though I don't know if they will honor this). Any recommendation as to what to ask for disobeying a stop sign? Since they 'couldn't' process my earlier requests, I might as well just make a new request with more items in it.

I have been contacting them so far via fax, but I didn't use personal fax. They replied (the notice) to the exact same number I used, which luckily, was my office fax so I had access to it. But what if I had used a commercial fax service? There would be no way that I could get to it. I actually find this action a bit irresponsible, since I have actually left my contact information (my address), and they still chose to send it through fax which might or might not be my personal fax. Should I ignore this notice, and act as if they never sent it? For all practical purposes, I could've missed the notice they faxed, and nowhere in the request I specified 'my' fax number.

I don't have a phone with a caller ID or voice mail, so it would be kind of hard to pull. I could probably, however, try giving them my lab/office phone number, which has the ability to take messages. But then again, there is no way to tell who's calling, so it'd still be pretty hard. I'm actually still against giving them my phone number, but it seems at this point, there is no other choice. Most likely right now, I would not be able to make any excuse with regard to delayed disclosure, since they would just say it was my negligence not to put 'enough' contact information...