fighting a ticket in Hamilton

[Golluk]

Actually my plan was to deny I got disclosure and push for a retrail. If that fails challenge ge the cops evidence. If that fails plea bargain.

Er... I wouldn't advise denying you got the disclosure. I'd imagine that is sent via registered mail, and wouldn't look good on you. Now if you got it just a short time before trial, that MIGHT get the charge dropped since you weren't provided the evidence against you in time, but more likely just a later court date.

The best, and only defense I see, is that difference in time might be enough to be considered more than a typo, and bring the rest of the evidence into question. Honestly I think your only hope is the officer not being there, or a very generous prosecutor.

Were you able to go in with your papers after you initially got the ticket for no documents? I was under the impression the officer will usually tear up that ticket if you do. Though it would be nice to hear from Bike Cop on that one.

 

[Rob MacLennan]

Er... I wouldn't advise denying you got the disclosure. I'd imagine that is sent via registered mail, and wouldn't look good on you. Now if you got it just a short time before trial, that MIGHT get the charge dropped since you weren't provided the evidence against you in time, but more likely just a later court date.

The best, and only defense I see, is that difference in time might be enough to be considered more than a typo, and bring the rest of the evidence into question. Honestly I think your only hope is the officer not being there, or a very generous prosecutor.

Were you able to go in with your papers after you initially got the ticket for no documents? I was under the impression the officer will usually tear up that ticket if you do. Though it would be nice to hear from Bike Cop on that one.

If charged with "fail to present insurance" there is no obligation to drop the charges if insurance is later shown, because the charge is for failing to present at the time of the stop. Yes, the charge will often be dropped if the insurance is presented at First Attendance, but it it's not something that you can depend upon.