Second Disclosure Request... | GTAMotorcycle.com

Second Disclosure Request...

Krime

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Back in July, I recieved two tickets heading up north (Speeding 25 over + no proof of insurance). The officer was a real joy, rudest I've ever met - and had a clear problem with "crotch rocket" riders. I faxed in my proof of insurance the next day, and then 1 week later left for London, England for 4 months on business - still here here with 1.5 months to go. My father has been taking care of things in my absence.

We received my court date for mid Dec, and as of Aug 10th we submitted our request for a disclosure to the Barrie office. It's now Oct, and we still haven't received it from the officer. We've now put in a second request - with 2 months to go until the court date.

I'm wondering what implications this will have on my case, if any? What's the latest I can receive the disclosure by, and how many times am I expected to put in a request before giving up? Is there a known strategy of some officers to wait until the last possible moment to send it? I'm looking to hire a paralegal to fight the case, but would like to hand off the disclosure to them.

Any advice would be appreciated, thanks.
 
The officer doesn't have any strategy, as The Crown pursues the case. You are supposed to receive disclosure within a period that reasonably permits you to prepare a defence. If you put in requests and they aren't answered, then I would say that two such requests are quite sufficient. You just have to make sure that you can prove that the requests have been made. If you can do that and you haven't received any disclosure by the time it goes to court, then you might be able to have the charges dismissed because of it. At the very least you should be able to have things delayed, until such time as you receive disclosure. Make sure that you, or your agent, does not receive disclosure on the day of trial and then immediately proceed with it. You have a right to be able to study it, in order to formulate a proper defence. Five minutes in a hallway does not meet that requirement.
 
The officer doesn't have any strategy, as The Crown pursues the case. You are supposed to receive disclosure within a period that reasonably permits you to prepare a defence. If you put in requests and they aren't answered, then I would say that two such requests are quite sufficient. You just have to make sure that you can prove that the requests have been made. If you can do that and you haven't received any disclosure by the time it goes to court, then you might be able to have the charges dismissed because of it. At the very least you should be able to have things delayed, until such time as you receive disclosure. Make sure that you, or your agent, does not receive disclosure on the day of trial and then immediately proceed with it. You have a right to be able to study it, in order to formulate a proper defence. Five minutes in a hallway does not meet that requirement.

Funny enough, I'm having the same problem this dude is having with Barrie.

How exactly does one prove one sent a request for disclosure? All I did was mail in a form I got from ticketcombat.com. We don't exactly get receipts with the mail =/

EDIT: Nevermind, found it, registered mail. Guess I'll send a second one in!
 
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油井緋色;1906664 said:
Funny enough, I'm having the same problem this dude is having with Barrie.

How exactly does one prove one sent a request for disclosure? All I did was mail in a form I got from ticketcombat.com. We don't exactly get receipts with the mail =/

EDIT: Nevermind, found it, registered mail. Guess I'll send a second one in!

Better to hand deliver and get a signature or fax and get a send receipt, but registered mail is also good. There used to be a 'double registered' option, but I believe that regular registered service now incorporates that option anyway.
 
I'd call one of those legal places and simply ask a free question. They should be able to at least answer that before you hire them.
 
I'd call one of those legal places and simply ask a free question. They should be able to at least answer that before you hire them.

Redline will give you free advice over the phone whether or not you hire them. Tom (I think) gave me GREAT advice on a ticket I got and that was after we decided they couldn't represent me (was nowhere near the GTA).
 

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