OHTA.ca

Date: July 12, 2010 - very important factor!

Police officer pulled me for rolling a stop sign, he said you went over line too far. So, there is a ticket for a Disobeying a stop sign.

Here is the thing, my G2 has expired (yes, I was driving with expired license), so officer gave me a ticket for driving without a license.

I got to DMV the net day to get my license stuff straight. I see that they are giving out a paper saying that Due to strike in 2009, all licenses expired with certain dates are automatically extended until September 2010. My expiration date fell within that timeframe; therefore I still have a valid license.

I take this paper to the prosecutor to get the ticket dropped because it invalid. She said that because I filed both tickets at once, so she cannot drop one (I am guessing that was BS). My courtdate is in July. I am planning on sending the Disclosure Request and during the court arguing that it took them too long to prosecute me.

Am I on the right track? Any advice?

EDIT: Here is what I am requesting in both Disclosure Requests:

o a full copy of the police officers notes;

o a copy of both sides of the officers copy of the ticket (Notice of Offence);

o a typed version of any hand written notes;

o any photographic or video evidence if it exists and the Crown intends to use it at trial;

o witness will say statements;

o witness statements;

o any statements made by the defendant;

o copies of the original notes of such statements; and

o the names and address, occupation and criminal record of the persons providing such information.

Just so you're aware, most of what is listed in your blanket disclosure request likely doesn't apply to your case, so don't be surprised when you only get a couple pieces of paper with the officer's notes on it.

Yeah, I understand that. I am just trying to make it look bigger. Hopefully it will overwhelm the prosecutor

akarimov wrote:Yeah, I understand that. I am just trying to make it look bigger. Hopefully it will overwhelm the prosecutor

It won't. I personally think you're better off asking for information relevant to the offence since it makes you look more knowledgable.

Stanton wrote:It won't. I personally think you're better off asking for information relevant to the offence since it makes you look more knowledgable.

Agreed. In fact, a clerk in the Prosecutor's office said EXACTLY that. They get dozens of disclosure requests every day and they've seen these cookie-cutter, non-specific requests hundreds of times before. This says to them that the defendant did an internet cut-and-paste and did not research the subject adequately. When they get a specific, tailored request, they get a little more wary. Paralegals and lawyers make specific requests, why should ours be any different?

Thanks for the tip. I will take out the requests about witnesses when I send the request via registered mail

Take out the request for "statements made by the defendant" and "copies of original notes of statements" and "names, address and occupation" parts of it, too. The rest should be good to go.

Thanks for the tip

My court date coming up. I got two charges (1) Driving without improper license and (2) Disobey stop sign

First charge: I actually had license at that time. It was extended due to the DMV strike that took place prior year.

I am not sure how the court should. Here is what I think:

- Joe Blow, come forward

A: Your Worship, I would like to ask for an adjournment of this matter to another date because prosecution did not provide me with an adequate disclosure in timely manner. Requested by both Fax and Registered mail.

- Arraignment – Detailed charges. Do you plead Guilty or Not?

Prior to entering a plea Your Worship, I move that these proceedings be stayed on the grounds that adequate disclosure was not provided in timely manner. In addition, there is an unreasonable delay in prosecution.

Is that correct? Also, I would appreciate tips on interrogation - if it comes down to that.

Have you received no disclosure or is something missing? Your oral motion sounds correct to request a stay, assuming the Crown hasn't provided something they should have. As for a stay based on unreasonable delay, have you filed any forms? Or are you just trying an oral motion?

As for the cross examination it's hard to provide specific tips without a better idea of the allegations. For a stop sign offence, you'll basically want to ask the officer about sign placement, presence of a visible stop line, their line of sight (i.e. clear view of the intersection) and how they determined you didn't stop.

I can't tell from your post if you're aware of this or not, but if your case gets adjourned you are not arraigned on that date. It's only if your adjournment is denied that they proceed with arraignment and you have to enter a plea.

With respect to your oral arguments for a stay based on insufficient disclosure (a s. 7 argument) and unreasonable delay (s. 11(b)), I think you are unlikely to be successful if you just ask orally and file a written motion w/ factum and supporting case law. The reason being that the onus is on you as the person who brings the motion to satisfy the JP as to what the law surrounding s. 7, 11(b), and 24(1) (for the stay of proceedings) is and how it applies to your particular situation. You can't just show up and say, "I'd like that please" without laying the groundwork first.

That's just my opinion, I'm not trying to discourage you from trying it, I'm just saying be prepared for trial if they deny the motion.

Sorry for not being clear. I requested the disclosure via fax and registered mail. Did not get anything back. From my understanding, I don't have to file anything else until the courtdate, correct?

So, I did some reading. I need to file a 11b motion before the courtdate.

My courtdate is on 8th of July. Is it too late to file?

Rules of Criminal Procedure say 15 days minimum.

business days?