Requesting full disclosure for speeding ticket.

[sg1138]

Hi, I recently requested full disclosure for a speeding ticket I am fighting. I submitted my request a month ago but have not received a response. My court date will be in 2 months. Has anyone ever had this happen to them? I also sent the request using registered mail and can confirm that it was definitely received by the offenses office.

If they don't respond to your request before the court date, could you use it as evidence for them to throw out the case?

Any help would be appreciated.

[sportsfan99]

Hi, I recently requested full disclosure for a speeding ticket I am fighting. I submitted my request a month ago but have not received a response. My court date will be in 2 months. Has anyone ever had this happen to them? I also sent the request using registered mail and can confirm that it was definitely received by the offenses office.

If they don't respond to your request before the court date, could you use it as evidence for them to throw out the case?

Any help would be appreciated.

No they will not toss it out on that alone.If its your first offence chanes are very good you will gte a big break.If it is your multi time may be a different story.Keep in mind they are back logged with everything it may take up to two months before you hear back.

[sg1138]

how am i supposed to fight the case if the don't provide me with full disclosure.

[sportsfan99]

Relax its not like its a criminal trial where you life hangs in there hands.Your not going to go and hire a so called dream team to fight this.You will get you info you don't need it weeks a head of time 2 weeks will be good.

[7jaii]

Jokes man you're in front of a Justice of the Peace not the Supreme Court of Canada. It won't affect your court proceedings and won't change the judge's mind. If you're at fault you have to pay, unless the cop doesn't show. Sure there are ways out but not the way your thinking -Courts have it all figured out so municipalities can collect money.

[belgiangenius]

Hi, I recently requested full disclosure for a speeding ticket I am fighting. I submitted my request a month ago but have not received a response. My court date will be in 2 months. Has anyone ever had this happen to them? I also sent the request using registered mail and can confirm that it was definitely received by the offenses office.

If they don't respond to your request before the court date, could you use it as evidence for them to throw out the case?

Any help would be appreciated.

I've been through this.

You are absolutely entitled to disclosure. Keep the copy of the request and mailing receipt to bring to your hearing.

You can first request that the judge dismiss the charges because disclosure was not provided. If he refuses, then ask for an adjournment until the crown provides disclosure. The judge has almost no reason not to give you the adjournment because, as I said, you are entitled to disclosure.

[skanji]

I have appealed a ticket from Quebec that I got almost a year ago. Still haven't received any letter from the Province of Quebec letting me know when my court date is...

Freakin' brutal joke!!!

[actng]

I've been through this.

You are absolutely entitled to disclosure. Keep the copy of the request and mailing receipt to bring to your hearing.

You can first request that the judge dismiss the charges because disclosure was not provided. If he refuses, then ask for an adjournment until the crown provides disclosure. The judge has almost no reason not to give you the adjournment because, as I said, you are entitled to disclosure.

As you walk up to take the stand, be the first to do everything so the Justice and prosecutor knows you're not a n00b. Before you're asked, state your name for the court.

"Good morning your worship. My name is John Doe, last name spelled D-O-E."

"Your worship, I would like to request a stay of proceedings on the grounds of lack of disclosure on the part of the prosecution. I've sent written requests for disclosure on [insert date] to which I've received no response. I've sent a subsequent request on [insert date] to which I've also received no response. I've sent a third request on [insert date] to which I've also been ignored by the prosecution."

"This is in direct violation of my rights as well as section d-1 of the crown policy manual which states that [you'll have to find the direct quote i can't remember] the accused has the right to full disclosure and upon request, a response must be promptly issued."

"Clearly, I've given the prosecution three opportunities to provide full disclosure. I've done my due diligence and have been unfairly treated in the matter. As a result, I respectfully request a stay of proceedings on the grounds of lack of disclosure."

Then you wait for the prosecution to look like a fool and the justice to make a decision. S/he will usually ask the prosecution "do you know about this?" the prosecution will shake some more in his/her pants and then the JP will ask the prosecution for recommendation... the recommendation will most likely be an adjournment. accept that, write the date down and remember it. come back and report and we'll go from there.