Last Minute Advice Needed (trial In 2hrs) - Careless Driving
Hi everyone,
I know this is very last minute (trial is in 2.5 hours), and I probably shout have got a paralegal, but I cant change the past so now I just want some last minute advice.
In Feb, I was involved in a car accident. I do not remember how it happened, but I remember stopping at a red light, and next thing I remember is looking up and realizing I was in the middle of an intersection and getting t-boned by a TTC bus. My car was totalled. The bus was empty, so no one received injuries.
I on the other hand, underwent 2 surgeries, lost 20in of my intestines and spent a month in the hospital.
The charge I got was careless driving. Police officer said I broke a red light.
My first trial date was Aug 2nd. When the police officer showed up, he said he had received notice 2 weeks prior to the date and did not have sufficient time to prepare a disclosure or bring the witness. The prosecutor asked for an adjournment and got it. The JP also told me to ask for a disclosure as it would help me, so I did that day.
The trial is today - I have not received disclosure yet. What is my best option?
1) ask for an adjournment based on not receiving disclosure? (JP might say I had not asked it for the first date, and I did not follow up for the second) - I am really hoping this works so that I can get a paralegal for the next date
2) explain my situation to the prosecutor and plead guilty (the police officer told me the day of the accident at the hospital that he would reduce it to a "couple of demerit points and $100)
3) ask for dismissal based on 11b (not receiving disclosure in due time)
Hopefully someone checks this and can give some prelim advice.
Thanks!