Automotive

How to find out the trial date of another person.

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  • Nov 11th, 2008 4:11 pm
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Deal Addict
Sep 10, 2007
2732 posts
1 upvote
Ontario, CANADA

How to find out the trial date of another person.

Hey all.

I was involved in a car accident this week. The other driver and I had a dispute over who was at fault, mainly because he is a moron. The police came, and sure enough, he was deemed at fault and charged. He indicated that he was going to fight the ticket. He seems to be a rude moron who doesn't understand why he is a fault, even after being charged by the officer.
Therefore, I want to do what I can to ensure the charge sticks.

How can I find out when the trial is? I know it probably is set yet, but I want to go to the trial and make sure the cop doesn't cut this guy a break and let the ticket's charge be dropped?

I probably won't be able to do anything if this is what the cop decided, but figure if I am there, maybe I can ask him why he is dropping the charge, or object in the court room.

Any suggestions would be good.
28 replies
Banned
Sep 18, 2008
696 posts
1 upvote
Nepean
help_questions wrote:
Nov 10th, 2008 4:47 pm
Hey all.

I was involved in a car accident this week. The other driver and I had a dispute over who was at fault, mainly because he is a moron. The police came, and sure enough, he was deemed at fault and charged. He indicated that he was going to fight the ticket. He seems to be a rude moron who doesn't understand why he is a fault, even after being charged by the officer.
Therefore, I want to do what I can to ensure the charge sticks.

How can I find out when the trial is? I know it probably is set yet, but I want to go to the trial and make sure the cop doesn't cut this guy a break and let the ticket's charge be dropped?

I probably won't be able to do anything if this is what the cop decided, but figure if I am there, maybe I can ask him why he is dropping the charge, or object in the court room.

Any suggestions would be good.
I would be very very careful if you go to the trial and object.You can make things worse if you say the wrong thing.You can call the court house and try and ask them they may mor may not give you the date.
Deal Addict
Feb 25, 2007
1784 posts
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if the cop does charge the other driver, you will most likely be subpoena to be a witness in court
Banned
Sep 18, 2008
696 posts
1 upvote
Nepean
rogerrabbit168 wrote:
Nov 10th, 2008 7:13 pm
if the cop does charge the other driver, you will most likely be subpoena to be a witness in court
Lets not forget its not up to the cop to charge someone or not.
Deal Addict
Feb 25, 2007
1784 posts
14 upvotes
ottawasportsfan2010 wrote:
Nov 10th, 2008 7:16 pm
Lets not forget its not up to the cop to charge someone or not.
it is up to the cops to lay the charges, its up to the prosecutor to bring the case to court
Deal Addict
Jan 2, 2005
4522 posts
458 upvotes
ottawasportsfan2010 wrote:
Nov 10th, 2008 7:16 pm
Lets not forget its not up to the cop to charge someone or not.
Huh? now thats a contradiction!
Deal Addict
Jan 2, 2005
4522 posts
458 upvotes
rogerrabbit168 wrote:
Nov 10th, 2008 7:25 pm
it is up to the cops to lay the charges, its up to the prosecutor to bring the case to court
Wrong. Charges can be laid by the police and they do bring the case to court. In a trial they may use a prosecutor or a lay prosecutor.
Deal Addict
Sep 22, 2007
4599 posts
116 upvotes
help_questions wrote:
Nov 10th, 2008 4:47 pm
Hey all.

I was involved in a car accident this week. The other driver and I had a dispute over who was at fault, mainly because he is a moron. The police came, and sure enough, he was deemed at fault and charged. He indicated that he was going to fight the ticket. He seems to be a rude moron who doesn't understand why he is a fault, even after being charged by the officer.
Therefore, I want to do what I can to ensure the charge sticks.

How can I find out when the trial is? I know it probably is set yet, but I want to go to the trial and make sure the cop doesn't cut this guy a break and let the ticket's charge be dropped?

I probably won't be able to do anything if this is what the cop decided, but figure if I am there, maybe I can ask him why he is dropping the charge, or object in the court room.

Any suggestions would be good.
Oh the irony!!!
help_questions wrote:
Sep 26th, 2008 12:07 pm
MY ADVICE IS SCHEDULE A COURT DATE, AND FIGHT THE TICKET.
Don't plead guilty, do not pay the fight. Book the court date.
help_questions wrote:
Oct 18th, 2008 10:25 pm
book a court date, and see what happens. don't just pay the ticket.
help_questions wrote:
Oct 25th, 2008 5:29 pm
Well if this becomes law, I will break it over and over and over and over and over and over and over again.
Deal Addict
Jan 2, 2005
4522 posts
458 upvotes
help_questions wrote:
Nov 10th, 2008 4:47 pm
Hey all.

I was involved in a car accident this week. The other driver and I had a dispute over who was at fault, mainly because he is a moron. The police came, and sure enough, he was deemed at fault and charged. He indicated that he was going to fight the ticket. He seems to be a rude moron who doesn't understand why he is a fault, even after being charged by the officer.
Therefore, I want to do what I can to ensure the charge sticks.

How can I find out when the trial is? I know it probably is set yet, but I want to go to the trial and make sure the cop doesn't cut this guy a break and let the ticket's charge be dropped?

I probably won't be able to do anything if this is what the cop decided, but figure if I am there, maybe I can ask him why he is dropping the charge, or object in the court room.

Any suggestions would be good.
1. You can't do anything to make sure the charge sticks. Its out of your hands.

2. Trial date? You don't know if there is going to be a trial as the accused may be able to pay a fine voluntarily or may just plead guilty at their first court appearance.

3. Informations/Summons are protected under the Freedom of Information Act and only once the accused appears before a court can a name be put to a charge.

4. Objecting in a courtroom is contempt of court unless you have the authority to object and in this case you obviously don't.
[OP]
Deal Addict
Sep 10, 2007
2732 posts
1 upvote
Ontario, CANADA
ottawasportsfan2010 wrote:
Nov 10th, 2008 7:07 pm
I would be very very careful if you go to the trial and object.You can make things worse if you say the wrong thing.You can call the court house and try and ask them they may mor may not give you the date.
thanks for the advice. but hypothetically speaking, what could I say that would make things worse....they caused the accident, they are at fault, and the ticket issued should stand.
162 wrote:
Nov 10th, 2008 8:46 pm
1. You can't do anything to make sure the charge sticks. Its out of your hands.

2. Trial date? You don't know if there is going to be a trial as the accused may be able to pay a fine voluntarily or may just plead guilty at their first court appearance.

3. Informations/Summons are protected under the Freedom of Information Act and only once the accused appears before a court can a name be put to a charge.

4. Objecting in a courtroom is contempt of court unless you have the authority to object and in this case you obviously don't.
1) i understand your logic but see 4)
2) i didn't consider that
3) thanks for the info.
4) yes, i don't have the authority, but as a result of this person's irresponsible driving, an accident occurred, damaging my vehicle and wasting my time. As a result I am the victim. If the officer/prosecution is considering giving this guy a break, isn't there anyway that I, the victim, can try to be heard to attempt to ensure that the charged offense stands.
I did a research paper for a Public Admin course, where I talked about "victim impact statements".....I know this isn't a criminal matter, but still, is there not a way for me to be heard?
Deal Addict
Dec 26, 2005
2796 posts
21 upvotes
Mississauga, ON
help_questions wrote:
Nov 11th, 2008 1:08 am
4) yes, i don't have the authority, but as a result of this person's irresponsible driving, an accident occurred, damaging my vehicle and wasting my time. As a result I am the victim. If the officer/prosecution is considering giving this guy a break, isn't there anyway that I, the victim, can try to be heard to attempt to ensure that the charged offense stands.
The defendant will be treated the same as any other defendant if the matter goes to trial. Likely a plea bargain and reduced offence/penalty; or even get off the charge because the officer did not show up.

Are you asking that this defendant be treated differently because it wasted your time? Not likely to happen, and would certainly be grounds for an appeal if it did.
[OP]
Deal Addict
Sep 10, 2007
2732 posts
1 upvote
Ontario, CANADA
Whitedart wrote:
Nov 11th, 2008 8:17 am
The defendant will be treated the same as any other defendant if the matter goes to trial. Likely a plea bargain and reduced offence/penalty; or even get off the charge because the officer did not show up.

Are you asking that this defendant be treated differently because it wasted your time? Not likely to happen, and would certainly be grounds for an appeal if it did.
no, i understand they have a right to plea. I wish they didn't, but I get why this is out of my hands.

also, if the cops doesn't show up, again I am SOL, but hope they don't know their rights :razz:

But if the cop/prosecution decides to simply dismiss the charge, I'd like to obeject to this.
Deal Expert
User avatar
Nov 27, 2006
16130 posts
357 upvotes
Etobicoke
spf1971 wrote:
Nov 10th, 2008 8:44 pm
Oh the irony!!!
LOL...touche!
162 wrote:
Nov 10th, 2008 8:46 pm
1. You can't do anything to make sure the charge sticks. Its out of your hands.

2. Trial date? You don't know if there is going to be a trial as the accused may be able to pay a fine voluntarily or may just plead guilty at their first court appearance.

3. Informations/Summons are protected under the Freedom of Information Act and only once the accused appears before a court can a name be put to a charge.

4. Objecting in a courtroom is contempt of court unless you have the authority to object and in this case you obviously don't.
help_questions wrote:
Nov 11th, 2008 1:08 am
thanks for the advice. but hypothetically speaking, what could I say that would make things worse....they caused the accident, they are at fault, and the ticket issued should stand.



1) i understand your logic but see 4)
2) i didn't consider that
3) thanks for the info.
4) yes, i don't have the authority, but as a result of this person's irresponsible driving, an accident occurred, damaging my vehicle and wasting my time. As a result I am the victim. If the officer/prosecution is considering giving this guy a break, isn't there anyway that I, the victim, can try to be heard to attempt to ensure that the charged offense stands.
I did a research paper for a Public Admin course, where I talked about "victim impact statements".....I know this isn't a criminal matter, but still, is there not a way for me to be heard?
Simply put, you have to have 'standing' to be heard in court. You will only have standing if you are subpeoned and called as a witness. That is also the only way you will find out the court date. Your only status is as a victim and possibly a witness. As either of those, you have no role in determining how the prosecutor deals with this or any particular case.

Sure you can try going to court to object (though unless you're subpeoned I don't know how you could do that as you have no way of knowing when the drivers court dates will be) , as someone mentioned it may be considered by the JP as contempt and technically you could be fined for contempt, but in reality that's really unlikely to happen, unless you don't stfu when the JP tells you to.

BTW, you have no right to give a victim impact statement in traffic court. If someone was killed in the accident, the charges would not be HTA charges, they would criminal charges, e.g. vehicular manslaughter or something similar, in which case in criminal court you have the right to make a victim impact statement.

Even if the Rules provided for a impact statement in HT Court, it would be the same as criminal court in that that's only after a conviction. It doesn't go at all to the issue of whether or not the prosecutor can or can't, should or shouldn't plead out the case or dismiss the charges , it only goes to the issue of sentencing. That is in the sole discretion of the prosecutor.

Sorry, but you SOL in your quest to put it to this driver.

To whomever posted that the OP is SOL if the cop doesn't show up, that's not necessarily true. If there are witnesses other than the cop, technically a trial can proceed if the prosecutor determines that the totality of the evidence that is available would be sufficient in her/his opinion to get a conviction, though that rarely happens.
Deal Expert
User avatar
Nov 27, 2006
16130 posts
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Etobicoke
help_questions wrote:
Nov 11th, 2008 10:41 am
no, i understand they have a right to plea. I wish they didn't, but I get why this is out of my hands.

also, if the cops doesn't show up, again I am SOL, but hope they don't know their rights :razz:

But if the cop/prosecution decides to simply dismiss the charge, I'd like to obeject to this.
LOL...looks like you either missed sp1971's post or you're just not getting the inconsistencies in your position. How can you consistently tell people to fight every ticket and then say you wish this driver didn't have the right to plead out? :confused: Or is it that old 'it's different when it's you' thing?
[OP]
Deal Addict
Sep 10, 2007
2732 posts
1 upvote
Ontario, CANADA
Nikita wrote:
Nov 11th, 2008 11:54 am
LOL...looks like you either missed sp1971's post or you're just not getting the inconsistencies in your position. How can you consistently tell people to fight every ticket and then say you wish this driver didn't have the right to plead out? :confused: Or is it that old 'it's different when it's you' thing?
There is nothing inconsistent about my position, or ironic as spf1981 puts it. I fully advise and any everyone to fight any and every traffic ticket. The cops have a burden to be present to present the evidence against you, and we should hold then to that burden.

I respect this driver's right to plead out, but I want them to get the ticket, bc they really don't seem to understand the rules of the road.

By wishing she didn't have a right to plea, all I mean that I wish that this is something I could object to. If she plea at first attendance, then the matter never goes to trial.

Basically, the other driver is fighting the ticket as I would advise, but personally, I want them to loose. Oh well, at least they will loose a days (or more) pay to deal with this.

Actually, i see the irony, but not any inconsistency.

Since you love find fault in my posts (which is all good), why don't you chirp in on these posts:
http://www.redflagdeals.com/forums/show ... tcount=142
and
http://www.redflagdeals.com/forums/show ... tcount=144
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