chiefswallow
Banned
That court date is coming up quick
File for disclosure, look it over. If there's nothing in there that stands out call up Forch and he'll help ya out: 416-242-7433
|
|
|
Speeding Ticket - Fighting it Help
- Thread starter eidner
- Start date
File for disclosure, look it over. If there's nothing in there that stands out call up Forch and he'll help ya out: 416-242-7433
That court date is coming up quick
File for disclosure, look it over. If there's nothing in there that stands out call up Forch and he'll help ya out: 416-242-7433
Alright thanks. I filed for disclosure (called them and they told me to send an email, I sent it with everything I needed). Now just waiting. Im thinking of calling them today to make sure that they got my email.
Should have sent it using read receipt, best when you call to ask them to reply to your e-mail that they've received your request, their word over the phone won't hold up in court (when your disclosure doesn't arrive).
I never recommend doing it by e-mail because when your disclosure is ready they'll e-mail you and say "it's ready for pickup", I like doing it by fax so their only choice is to mail you your disclosure (or mail you a notice that it's ready for pickup).
Hey all little update.
When I called, they told me to email for disclosure, so I had done that. Secondly, a week later I had emailed them asking if they had recieved the email - still no reply. A few days later I had called, and didn't get through to the prosector so I had left a message with my everything necessary - still no reply.
My court date is in literally four weeks, and I haven't heard anything.
What should I do?
When I called, they told me to email for disclosure, so I had done that. Secondly, a week later I had emailed them asking if they had recieved the email - still no reply. A few days later I had called, and didn't get through to the prosector so I had left a message with my everything necessary - still no reply.
My court date is in literally four weeks, and I haven't heard anything.
What should I do?
Print out your email requests, so that the time and date headers are visible. Follow up with a faxed request and save the confirmation receipt.
This. And if you don't get it by your court date make a fuss at court! If the crown requests and adjournment the judge will ask YOUR permission to let it happen! 90% of the time if you say no the judge will stay the charges (dismiss them basically). He'll ask you why you don't agree to the adjournment, say stuff like the stress of having to wait for another court date with this charge lingering over your head, etc. DON'T mention things like "cause I have to take an extra day off work". Good luck!!
Hey all update.
1. Printed off email with requests and headers showing date and time.
2. Recorded the date of call.
3. Faxed in a disclosure request and received the receipt.
Court date is the 12th of November. What do I do now? Kinda stressing me out because I have a lot of school work to do at the moment. Any help is great.
Thanks
1. Printed off email with requests and headers showing date and time.
2. Recorded the date of call.
3. Faxed in a disclosure request and received the receipt.
Court date is the 12th of November. What do I do now? Kinda stressing me out because I have a lot of school work to do at the moment. Any help is great.
Thanks
XenoVibe
Well-known member
Bad to rep yourself. They can say "are you guilty" and you cant lie under oath lol. You should've hired a lawyer but since you didn't you should have at the time of being pulled over ask for confirmation of readings. You can say in court you doubt their gun was accurate but I don't know how well you will do under the pressure of a prosecutor especially when you have never had to experience these issues before.
You are not required to give evidence at trial. All that has to be done, is to call The Crown's evidence into doubt.
If you do not receive disclosure then, when asked, you say that you are not ready to proceed. When they ask you why, you state that you have not received disclosure. If The Crown tries to give you disclosure at trial you deny it, then state that you did not receive it in a timely manner. Ask for immediate dismissal. If denied ask for adjournment so that you can properly prepare, now that you have received it, and remember that the delay was caused by The Crown and, therefore, can count toward a Charter 11b challenge.
toshison
Well-known member
^All of this. They can't just give you disclosure and expect you to mount a defense on the spot. You ask for a dismissal or worst case you ask for an adjournment which then buys you time and hopefully creeps into violating your right to a speedy trial.
Good luck and just remember that the worst case scenario is that you get the ticket you originally got anyway so you have nothing to lose here. Don't waste any money on those traffic ticket fighters. You can do anything they can do. The only advantage of using those guys is that they are likely buddy buddy with the prosecutor which is good if you are just shooting for a reduced fine. However in your situation, I think its a matter of all or nothing. Either you get off or you don't.. A reduced ticket for you does not really matter these days as a conviction is still a conviction as far as insurance matters.
I fought a ticket a few months back for going 24km/h over. I got dinged in a B.S radar trap and I got the charges dropped as the cop did not show. Just try to relax in the courtroom if you end up having to actually defend yourself with your prepared defense. It can be a little nerve racking but again, you have nothing to lose.
thank you guys. Im going to follow everything you said. I am kinda of nervous but it is all or nothing basically. I have one more question though. What happends if they send me the disclosure like tomorrow or within next few days? It still leaves me with barely any time to make up some questions and what not because I have work and lots of school.
Basically what im asking is that, is it acceptable for them to give me disclosure within a few days before the trial?
Basically what im asking is that, is it acceptable for them to give me disclosure within a few days before the trial?
You can always ask for an adjournment and say you didn't have time to properly prepare since you got it so late (after checking that your cop is actually in the room). The JP doesn't have to grant it, but I think you have a decent chance of getting it (and buying another chance to hope the cop is sick).
Okay well its now sunday night and I dont have the disclosure and I have court on tuesday. So I guess im going in with no preparation and asking for an dismissal if the cops there, or an adjournment if the dismissal doesn't work - assuming the cop does show up.
Not much else I can do right.
Good luck and don't get flustered, with traffic court JP's tend to be a little more lenient and forgiving to those representing themselves. You'll do just fine.
Everyone loves a stuggling student. Figure out a way to show how much this is eating into your study time and why it should be thrown off court since evidence was not adaquately provided. Tell them that you seek justice as you are not guilty but the current mechanics of the system have put you at an disadvantage.
Be calm and remember that sentimentality goes a long way and it's not a purely dialectic system as most people would guess. Stick to simple statements"I was following traffic and to the best of my knowledge I was doing the the maximum speed limit. I'm not sure how the officer identifed or tracked, I'm not privy to his methods, all I know is what I know which is I was doing the speed limit". Of course, if you were violating the law, then it's between you and your God(s).
Good luck man and in the grand scheme of things, it's not that bad.
Be calm and remember that sentimentality goes a long way and it's not a purely dialectic system as most people would guess. Stick to simple statements"I was following traffic and to the best of my knowledge I was doing the the maximum speed limit. I'm not sure how the officer identifed or tracked, I'm not privy to his methods, all I know is what I know which is I was doing the speed limit". Of course, if you were violating the law, then it's between you and your God(s)
. Good luck man and in the grand scheme of things, it's not that bad.
Update
I went to court and it definitely didn't go as planned. Cop showed and I approached judge and was requesting a dismissal based on the facts that the prosecution had not gave me disclosure after three times requesting. Judge didn't care, and told me I have an adjournment at the very best. I said ok.
I now have trial on December the 19th about a month away. I am also RESENDING a fax for disclosure request right this minute. I guess that is all I can do at this time?
Any opinions or advice?
I went to court and it definitely didn't go as planned. Cop showed and I approached judge and was requesting a dismissal based on the facts that the prosecution had not gave me disclosure after three times requesting. Judge didn't care, and told me I have an adjournment at the very best. I said ok.
I now have trial on December the 19th about a month away. I am also RESENDING a fax for disclosure request right this minute. I guess that is all I can do at this time?
Any opinions or advice?
MarcosSantiago
Well-known member
Reading your posts I understood that you have not received any disclosure. Zero. Nada. And you requested it 3 times. Is that correct?
Actually I requested a forth time right after I posted that. So four times and still no disclosure to date. That would be correct.
|
|
|
|
|