The worst that can happen is (1) A fine (2) Demerit Points and (3) Possibly higher insurance rates.
You would request a trial and then once you get the trial notice date letter in the mail, you'd ask for disclosure.
Jan 30th, 2013 8:27 pm
The worst that can happen is (1) A fine (2) Demerit Points and (3) Possibly higher insurance rates.
Jan 30th, 2013 10:36 pm
Jan 30th, 2013 10:36 pm
sorry it's not a marked construction zone. just a reduced speed
Jan 30th, 2013 10:49 pm
Where did you get your ticket at? Because you did mention a marked construction zone in your original post. Still though, the prosecutor can still amend it back to 32 over which I believe is four demerit points instead of zero with the 10 over. That's a huge difference.
Jan 30th, 2013 10:51 pm
Jan 31st, 2013 12:18 am
dundas in oakvillejoepoonie wrote: ↑Where did you get your ticket at? Because you did mention a marked construction zone in your original post. Still though, the prosecutor can still amend it back to 32 over which I believe is four demerit points instead of zero with the 10 over. That's a huge difference.
If you did get your ticket on Highway 7 mess, seeing that you're from Markham, yes that is a construction zone and double the fine.
Jan 31st, 2013 8:04 am
Jan 31st, 2013 9:30 am
not wearing the seat belt is a strict liability offence. it means you can use due diligence defence. do some reading about it but basically it means that you may not be found guilty if you prove you tried your best to avoid the offencea084596 wrote: ↑so what are the chances for not wearing my seatbelt. I ws coming out of the beer store and it didint click properly but I still drove while trying to put it on. As soon as I exited the parking lot and was on the lakeshore the cop pulled me over and he also laughed that he saw me fumbling trying to put it on.............I asked for disclousre but haven't picked it up yet. Can you please give me some advice?
Jan 31st, 2013 12:10 pm
Spiderpal93 wrote: ↑I still need help with the above. If anyone has any insights let me know!
I went to observe this week(I stayed for 4-5hours; must have seen over 80-100 cases). There were a bunch of cases with lack of disclosure but it doesn't seem like anyone(even paralegals/the professionals(whoever they are) filed motion for stay of proceeding(section 7). It must be rare?? And from reading the thread here not too many were successful in persuading the JP.
joepoonie wrote: ↑I hate to say this, but you really don't have much defence. You drove in the lane and got caught with only 2 when you need 3. Since it's an absolute liability offence, you don't really have much of a defence other than a defence of necessity (ie: you were speeding because your wife was in labour, etc...) It doesn't matter that there were busses that may have blocked your view, you'll still get convicted.
FYI: Unless you take your pictures and video evidence "up to court" standards they won't get accepted. As for your witness, he/she will probably be useless as it's an absolute offence and unless they are going to lie about the defence of necessity, they will be useless for your defence.
Jan 31st, 2013 1:05 pm
congrats!Spiderpal93 wrote: ↑Thank you for the OP and anyone who had replied.
My charges were withdrawn today(a bit of luck because the officer had the wrong charge but I had a feeling that I had a good chance of getting the ticket withdrawn)
I went into the courthouse and lined up for the prosecutor. The prosecutor told me that she would reduce the fine with no demerit points. I told her that I had requested for disclosure twice and never received anything. The prosecutor didn't have a clue why I did not get disclosure. I showed her my 2 disclosure requests along with proof of Canada Post receipts(by registered mail). She asked me if I wanted to adjourn the case. I told her "probably". I did not say anything about motion for a stay(mainly because I thought it was not going to work).
Inside the court, my name was called. The prosecutor asked the Justice of Peace(JP) to adjourn my case. I then told the JP that "I would like motion to stay these proceedings"(Seriously, I wasn't even sure what I had said made sense). The JP looked at my papers and asked me to sit down. The reason I asked for stay was because the prosecutor seemed really sloppy and that made me feel better.
I had a good feeling that I might get a stay or charges withdrawn since there were quite a few people who had their charges withdrawn by the prosecutor because of no disclosure after numerous requests. I was thinking that I would tell the JP that I took considerable amount of time to send in my disclosure, prepare form 4F, and took time off to submit my form 4F and to come to court.
During the recess, the officer came to me and told me my charge will be withdrawn because he had the wrong charge. The new charge he told me should be "Failing to Obey Lane Sign" instead of "Improper Use of HOV lane". My charges were withdrawn
If I hadn't mention anything about stay my case would've been adjourned to a later date
For anyone in Toronto, I am going to post the process to request a stay in person. it's not difficult ones you have done it. It takes about 1.5-2hours of your time if you are in the Downtown area. The OPs version is good but it doesn't tell you the exact details of where to go and what you need to do.
Thanks all!
Jan 31st, 2013 1:23 pm
Jan 31st, 2013 1:43 pm
an example that it pays off to stand your groundSpiderpal93 wrote: ↑Thank you for the OP and anyone who had replied.
My charges were withdrawn today(a bit of luck because the officer had the wrong charge but I had a feeling that I had a good chance of getting the ticket withdrawn)
I went into the courthouse and lined up for the prosecutor. The prosecutor told me that she would reduce the fine with no demerit points. I told her that I had requested for disclosure twice and never received anything. The prosecutor didn't have a clue why I did not get disclosure. I showed her my 2 disclosure requests along with proof of Canada Post receipts(by registered mail). She asked me if I wanted to adjourn the case. I told her "probably". I did not say anything about motion for a stay(mainly because I thought it was not going to work).
Inside the court, my name was called. The prosecutor asked the Justice of Peace(JP) to adjourn my case. I then told the JP that "I would like motion to stay these proceedings"(Seriously, I wasn't even sure what I had said made sense). The JP looked at my papers and asked me to sit down. The reason I asked for stay was because the prosecutor seemed really sloppy and that made me feel better.
I had a good feeling that I might get a stay or charges withdrawn since there were quite a few people who had their charges withdrawn by the prosecutor because of no disclosure after numerous requests. I was thinking that I would tell the JP that I took considerable amount of time to send in my disclosure, prepare form 4F, and took time off to submit my form 4F and to come to court.
During the recess, the officer came to me and told me my charge will be withdrawn because he had the wrong charge. The new charge he told me should be "Failing to Obey Lane Sign" instead of "Improper Use of HOV lane". My charges were withdrawn
If I hadn't mention anything about stay my case would've been adjourned to a later date
For anyone in Toronto, I am going to post the process to request a stay in person. it's not difficult ones you have done it. It takes about 1.5-2hours of your time if you are in the Downtown area. The OPs version is good but it doesn't tell you the exact details of where to go and what you need to do.
Thanks all!
Jan 31st, 2013 5:23 pm
Congrats!Spiderpal93 wrote: ↑Thank you for the OP and anyone who had replied.
My charges were withdrawn today(a bit of luck because the officer had the wrong charge but I had a feeling that I had a good chance of getting the ticket withdrawn)
I went into the courthouse and lined up for the prosecutor. The prosecutor told me that she would reduce the fine with no demerit points. I told her that I had requested for disclosure twice and never received anything. The prosecutor didn't have a clue why I did not get disclosure. I showed her my 2 disclosure requests along with proof of Canada Post receipts(by registered mail). She asked me if I wanted to adjourn the case. I told her "probably". I did not say anything about motion for a stay(mainly because I thought it was not going to work).
Inside the court, my name was called. The prosecutor asked the Justice of Peace(JP) to adjourn my case. I then told the JP that "I would like motion to stay these proceedings"(Seriously, I wasn't even sure what I had said made sense). The JP looked at my papers and asked me to sit down. The reason I asked for stay was because the prosecutor seemed really sloppy and that made me feel better.
I had a good feeling that I might get a stay or charges withdrawn since there were quite a few people who had their charges withdrawn by the prosecutor because of no disclosure after numerous requests. I was thinking that I would tell the JP that I took considerable amount of time to send in my disclosure, prepare form 4F, and took time off to submit my form 4F and to come to court.
During the recess, the officer came to me and told me my charge will be withdrawn because he had the wrong charge. The new charge he told me should be "Failing to Obey Lane Sign" instead of "Improper Use of HOV lane". My charges were withdrawn
If I hadn't mention anything about stay my case would've been adjourned to a later date
For anyone in Toronto, I am going to post the process to request a stay in person. it's not difficult ones you have done it. It takes about 1.5-2hours of your time if you are in the Downtown area. The OPs version is good but it doesn't tell you the exact details of where to go and what you need to do.
Thanks all!
Jan 31st, 2013 9:14 pm
Jan 31st, 2013 9:32 pm
JJaggie99 wrote: ↑So, I have received my trial date from London prosecutor's office. Date in is in late May. I am preparing a letter as outlined on page 1 of this thread, but I also received a "notice to the defendant" besides the Notice for Trial.
The Notice to the Defendant states I can ask for copy of the documents from the prosecutor's office by completing the form at the bottom by fax or in person. Now, below that in Bold and underlined Caps they say "YOU ARE REQUIRED TO PICKUP THE DISCLOSURE OR PROVIDE A FAX NUMBER WHERE IT MAY BE SENT".
So, they will not mail this, or even scan an email it to me ? I live 3 hrs from London in Michigan, so impractical to drive to go and pickup the disclosure, and who in there right mind these days even has a fax machine at their home ?
Should I just send them the drafted letter Disclosure Request letter as per the sample letter in this thread and not bother with cutting out and sending the disclosure request form they sent to me ?
Jan 31st, 2013 10:08 pm
No, not in London or within 2+ hrs of it.
Feb 1st, 2013 8:26 am
you can try to call the prosecutor and explain your situation. if they do not agree to e/mail it to you, try to find a fax machineJaggie99 wrote: ↑No, not in London or within 2+ hrs of it.
I live in Ann Arbor, Michigan and was visiting Toronto over Labor day weekend last fall. Got nailed nailed on way back by speed trap (radar guy on overpass) and cop cars pulling folks over everywhere, eventhough was following another car, but I digress.
Feb 1st, 2013 8:49 am
Feb 1st, 2013 3:29 pm
Feb 1st, 2013 5:33 pm
If you proceed with 4F you will have to be successful because if you aren't and they adjourn the trial, it'll most likely be attributed to you, meaning an 11b would be out of the cards.Edouble wrote: ↑Hi, I'm hoping Djino or any or members can help with some advice on my upcoming trial on February 7th.
Background:
- June 6th: received speeding ticket for 55 in a 40 zone.
- June 15th: selected option 3 and requested trial
- November 20th: received notice of trial
- November 28th: sent request for disclosure
- December 18th: received notification that disclosure was ready for pickup
- December 31st: picked up disclosure
- January 23rd: Filed Form 4F to stay my trial due to inadequate disclosure
The disclosure I received was borderline illegible and they did not provide a typed version or a copy of the officer's ticket; both of which I requested. I can PM documentation if needed.
Any advice on how to proceed on my court date this upcoming Thursday Feb. 7th? Any feedback or advice would be greatly appreciated.
Thanks!