Some Help On Disclosure And 11b
I posted this post by mistake in 3 demerit as well, sorry!
On March 14th, 2012 I was charged with 3 offences.
1. Fail to surrender permit vehicle
2. Dr. MV. - Contravening Cond. (not wearing glasses)
3. Speeding (72km/hr over on 50 zone)
Got a letter stamped August 31st, 2012 that my court date is for February 20th, 2013.
My scenario:
I was driving on Military Trail (Scarborough), and there was a car in front of me, I wanted to overtake so I gave indications and gradually speeded to change into the right. As soon as I was in the right lane the officer waved with his speed trap and asked me to pulled me over.
He asked for license and registrations: I gave him the pouch but since it was my first time being pulled over I was very nervous. I gave him the entire pouch that had my insurance papers and my license. He read my license, asked that the license states i drive with corrective lenses, I was wearing sunglasses at that time as it was very bright and sunny, but when he pulled me over I had taken them off. I was asked to put my glasses on, and ofcourse I took them out and wore them.
He told me that he is missing my car's permit, I said it should be there, he said he doesn't see it. He told me to look while he goes to his car. But since it was in the pouch I couldn't find it in the car. He comes back, hands me 3 tickets, speeding, my corrective lenses, and permit ticket (since i didn't have it on me). He told me that when I go for trail just say to the judge that when cop saw my car, he jumped over and scared me, the glasses fellow off so when he saw me i didn't have them on me. And said I will agree with you! - Those were his exact words. Told me with the permit if you show them the permit that should get dismissed. When I drove off, I checked the pouch and it was underneath few insurance papers (sigh).
I filled for disclosure on January 16, 2013, via fax and in person at the prosecutor's office at the court (1530 Markham Rd). I also filed for 11(B) and 24(1) granting a stay to appropriate offices, all the documents are stamped and fax receipts are with me.
Trial Date:
1. Saw the prosecutor, she asked me pleading guilty or not guilty. I said not guilty, and she said that means you will be convicted for two charges and they might stay. I said yes I am aware, I asked I had filed for disclosure but I still haven't received it. She said have a seat when your turn comes we will discuss.
2. The police officer shows up.
3. JP calls me up, the prosecutor mentioned i filled for a disclosure via fax (with no offence number, don't know how that's possible) and next one was dropped to Prosecutor's office (with offence number) on the 4th floor on same day (January 16th, 2013). Prosecutor then said that this was filed only one month before the trial and wasn't enough time given to provide disclosure and that the case needs to be adjourned.
** My mistake was I sort of argued with the JP before hand stating that I filed for disclosure, didn't receive the materials, I was trying to prepare for this for the past 12 months..blah blah. JP said if I was preparing for past 12 mo. why did I wait this long to file for disclosure. Then he went on to say that disclosure requires at least 2 mo. or more, Officers are busy and we are lot of cases, you should have filed it earlier. He said do you require adjournment. I agreed and didn't argue further. At that time prosecutor suggested that Officer would take me with him to prosecutor's office and photo copy the notes. I agreed.
5. I was given new date March 22, 2013
4. When I saw the notes, they are illegible and has abbreviation that I can't make out.
My Questions:
1. Should I file further disclosure for typed notes, calibration of the raider, raider model number, etc
2. A. JP asking me if I agreed to the adjournment, does this mean that the onus has been left on me for adjournment and its not crown for delaying my trial by not providing me with the disclosure material before the triall?
B. If yes, does this mean I can file for 11b? Right to be tried within reasonable time?
C. If no, with March 22, 2013 being the new date, this will be 12 months and 8 days from the time I was convicted, in this case can I file 11b again?
3. I had filed for 11b and 24(1), but this wasn't brought up in court? Can I still say I was being prejudice? This case should have been dismissed the first time I appeared in court.
4. What are my other options?
I am sorry for a very lengthy write up. I have been silently reading on this forum for the past few days now. Would really appreciate if someone can help me.