Disobey Sign 182(2).....adjourned...!! :cry:
Well I have a few questions about how I should proceed with this charge.
I am acting as my wife's agent, and although I'm not a lawyer I and familiar with court procedures and have gone to a few trials (all successfull outcomes!)...
My wife was charged with Disobey Sign 182(2). She made a Left hand turn when a sign prohibited it.... Pictorial sign only. I was all set for trial today and I was laughing all the way to the court room. I thought I had them. I had sent them 2 disclosure requests, one October 10, 2008, and one May 15, 2009, both registered mail, and had receipts and signatures of recieval printed from Canada Post website. I had received nothing. The Crown asks me what I want to do, and I tell her Trial. She sees my clients name and says, "Oh, I know who you are!", sounding as if she knows of my very detailed disclosure requests and the fact I have not received them. She says, "Ok I will be with you in a few minutes." She saves me for very last and runs a few trials prior to mine. When its my turn she says, there is only 20 minutes left in court. (How convenient) My trial was 1:30 and now its 2:40, she talks with the justice and forces my trial to be adjourned. I know I had them with section7 and with the fact they couldn't prove any law was broken because I'm sure they didn't have a certified copy of that by-law to present to the court today. I approach the bench and ask if I am entitled to any motions at this point and the "Justice" says no. We agree on a new trail date 3 months away. At the end of that the Crown asks me in front of the "Justice" if I want disclosure now, and that I could follow the officer out and HE will give it to me. I say, Yes for a couple of reasons. I'm not sure if that question is actually in the minutes of the trial to be used against me in future should I try and stay the trial; and I also know that I am only getting the copy of the officers notes and nothing else. I follow the cop up to the copying room and as he is copying his notes the clerk tells me I must fill out "their" disclosure request form or I will not get any disclosure today. Why do I have to fill out "their" disclosure form? What happened to my previous froms? previous submition is not good enough lol... I can see my clients name on their computer screen and can only assume its in there to show they have received a disclosure request, but, I could be wrong. Those sheets are to generic and I tell her "No, I will send in another request." The cop was pissed and ripped up the copies and threw them in the garbage as I walked away.
Question 1 -- Did I make a wrong move here? I figure if I send another request they will probably not send my disclosure as they have already failed to twice in the past.
Question 2 -- Should I make a Charter Application for a Stay in regards to section7 as well as 11a with Form 4F, a Factum, and an Affidavit.?
Question 3 -- Since I am not the defendant, but my wife, am I required to get her to accompany me to the courthouse to file the charter application
so everything has HER signature on it? Am I to late for a Charter App since this disclosure fiasco was offered to me?
I know its long winded....thanks for taking the time to any who respond. I must admit the Crown played me perfectly as I felt like a newbie and was left there thinking....now what?