Proceed to trial, and motion a stay your trial as per your Form 4F Application. At trial, you will want to:qwert97 wrote: ↑Jan 3rd, 2013 5:27 pmHi djino
Welcome back. I have followed this thread from day 1. I have a trial coming up on 18th Jan and wanted to seek some advise. Just to refresh your memory:
1. Got speeding ticket 30 over in April. Did not have driving license so was issued 2 tickets.
2. Filed for trial and received trial date in October. Immediately filed disclosure request.
3. Got letter from prosecutor in October that disclosure is ready. Picked up disclosure.
4. Disclosure was inadequate since it only had copy of officers notes , scribbles and illegible while I had requested typed up. I had also requested maintenance and other things but they were not provided.
5. Sent a fax to prosecutor on Dec 28th that the disclosure was inadequate ( i was traveling so could not send request earlier)
6. Since I was approaching 15 day window i filed 4F on 2nd Jan (in person)
On Jan 18th I expect that JP will try to adjourn and ask prosecutor to provide complete disclosure.
Should I accept a deal from prosecutor or should I go ahead with trial with a hope that it gets adjourned and 11(b) can be applicable. As a plan B i have prepared the questions that I will like to share with you but your mailbox was full.
Since there are a lot of people filing 4F i thought it would be relevant to many on the forum. I will appreciate your response.
1. Prepare arguments to make for why the prosecutor has mishandled your case
2. Prepare arguments for why you need the missing items in disclosure. State why its relevent - remember there are 4 items a prosecutor needs to prove beyond a reasonable doubt for you to be convicted on the speeding offence (The Driver of the vehicle, The location of the offence, the speed of the vehicle, and the speed limit at the location).
3. Prepare arguments for why it would be unfair to adjourn your trial since you intended to make all effort to prepare an answer today, but the prosecutor has been uncooperative in preparing sufficient disclosure
If the Justice disagrees with your arguments, accept an adjournment and request disclosure 1 final time for the missing items.