OHTA.ca

OMG !! The Judge assumes I'm guilty before any trial.. I've just come back from court where my case was adjourned, because the ICC Video I requested is not ready, so case was adjourned for 2 months so they can get video for me. . I asked charges to be dismissed or stayed as I've been deprived the right to full answer of defense, plus with all the time I've already spent, etc... I was told that it was I requesting the video in disclosure, so she will give me time for the cops to produce video and show it to me once before 2 month retrial. Ticket was written with wrong location on it.

I'm also told its not the prosecutor's job to provide section 137 of WHY a bylaw for the sign was required. As There is NO such thing !!!!!

Judge asks why do I want Video now if I didn't want to see it when I got the ticket? Well the video is not available yet,so the judge asks me what was my defense to the charge?

When I tried to explain there were other problematic issues with the ticket itself, like wrong location, I felt the Judge basically intimidated me to tell the court, that the ticket was issued at a location that didn't exist.. Giving the prosecutors office a heads up to a part of my defense.. I now feel my charter of rights are being trampled over..

Judge tells me I am the one waiting for the video, its not up to the prosecutors office to show me the video, its up to the officer and I have to go to the police station to view it. I don't get a copy of it.. So now we are waiting for this video that was not ready at trial, which could or could not incriminate me on this charge..

However in another case before me, the Judge tells person: Its the responsibility of people to be prepared on trial date.. I was somewhat prepared, without the video, But judge didn't care if Section 7, 11a of charter was violated.

So Judge & Prosecutor made sure my next trial date is no more than 7 months away from the ticket date so I couldnt file under section 11B.. What I saw today in court was not fair to the public or to me.

The judge tells me, If I feel my rights were violated, I shouldn't have gone through the stop sign.. Making me suspect she thinks I'm already guilty without a trial..

Anyone know a free paralegal clinic service for traffic court?? As someone told me Duty Counsel at City hall is for criminal cases only, not traffic court.

I Just came back from court.. Had a different judge from 1st appearance.

I was able to sit with officer before trial to have him tell me what he was going to say..

Then I was offered if I plea guilty they will not deduct demerit points and I'd have to pay a small fine. Prosecutor and officer used intimidation to try to make me accept a deal.

I said NO Deal.. I wanted them to use the ICC Video against me.. Shocking prosecutor and court as prosecutor said if they show it I will loose.

When trial started and they wanted to add video into evidence, I objected saying video doesn't show me going through an intersection in Toronto that does not exist.

It shows me slowing down and rolling through an intersection 7 km away from where the ticket stated ... That didn't exist. LOL..

So they didn't use ICC video and dismissed charge because of ticket location and other errors on the original ticket.

So I won !!!

But court has changed in the last year.. (Its quicker, to avoid Charter b11 filings.. )

And the prosecutor and officer are allowed to "badger and intimidate the accused prior to trial, to have things moved quicker and have accused accept a plea bargain.

I recommend to everyone.. If you think you are in the right, then go forward to a victory and play the game of court..

If you defend yourself, as I did, do your homework.. It may save you 3 demerit points and a large fine, and will save your insurance rates from rising because you had a conviction.

You CAN will a Fail to Obey a Stop Sign. HTA 136 (1) (a). If you do your homework.. Look at everything.

Thanks to www.ticket combat.com and everyone who posted on this site . if you look hard enough you can find information to have charges dismissed or stayed.

Thats great thanks for posting those details and congrats on your win!