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Old 08-25-2013, 10:08 PM   #1
BMWdouche
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Got court notice mid-August for an appearance end of Sept??



I just got a court date notice (end of August) for a court date in near the end of September next month for speeding. That's only a month to prepare and I haven't got any disclosure yet. What are my options here? I would like to delay trial if possible and/or ask for disclosure. Do I have a leg to stand on in terms of not having enough time to prepare etc? When should I request disclosure. Any advice would be greatly appreciated.

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Old 08-26-2013, 07:54 AM   #2
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you go to the court house and ask for an extension BEFORE (at least 2 weeks before) the date. Judge will usually give it to you if you haven't received any disclosure yet. I'm guessing you did call the police station as asked for the report? and thats what you mean by disclosure.
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Old 08-26-2013, 11:20 AM   #3
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You can attend court on the date and request a continuance and disclosure then. Your argument for the continuance is that with the short notice on the court date you have been unable to secure representation (hire a lawyer/paralegal) and the disclosure request (a formality) is so you can can have all the information you will need to begin to mount a defense. They've done the short notice thing to me before a continuance is no big deal...
Keep your ears open as they call the cases ahead of you for the dates they assign continuances too [usually 2-3 months later] and when you ask for your continuance request one of those dates as one you can be ready by... it will impress them a little since this means you are a: paying attention and b: it will be a date with the same crown prosecutor in the court which will make their lives easier. All they can do is say no and offer another alternate date.
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Old 08-27-2013, 10:56 AM   #4
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Pretty Major update here on this matter.

So I was looking over at the Notice of Trial and I see at the bottom they have my Plate Number WRONG. Where it should be a "Y" they have put a "4"

The plate number is scribbled on the actual ticket and looks halfway between a 4 and a Y. I just requested disclosure this morning and found this error as soon as I sent it in.

Does this change anything?
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Old 08-27-2013, 11:10 AM   #5
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Originally Posted by BMWdouche View Post
Pretty Major update here on this matter.

So I was looking over at the Notice of Trial and I see at the bottom they have my Plate Number WRONG. Where it should be a "Y" they have put a "4"

The plate number is scribbled on the actual ticket and looks halfway between a 4 and a Y. I just requested disclosure this morning and found this error as soon as I sent it in.

Does this change anything?
Not really .. before someone yells it will be thrown out or you don't even have to show don't forget you also have your license on that ticket and that is correct.
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Old 08-27-2013, 11:24 AM   #6
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I don't think that is considered a fatal mistake, the important info is your driver's license which they use to tie back to your driving record.

Also you still need to request disclosure and you need to keep proof that you've made the request and followed up. If on the day of your court appearance you don't have disclosure you can request a continuance.
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Old 08-27-2013, 11:52 AM   #7
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Originally Posted by BMWdouche View Post
Pretty Major update here on this matter.

So I was looking over at the Notice of Trial and I see at the bottom they have my Plate Number WRONG. Where it should be a "Y" they have put a "4"

The plate number is scribbled on the actual ticket and looks halfway between a 4 and a Y. I just requested disclosure this morning and found this error as soon as I sent it in.

Does this change anything?
If you are certain that it is a 4 then the law is on your side, license is another matter, the car was speeding and anyone can drive that car,

I said that because it happened to me ,cop had my plate number wrong out by an alphabet and I just ignored it and ironically today I renewed my license without any issue.

I am not asking you to ignore it but do your due diligence...
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Old 08-27-2013, 02:57 PM   #8
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not fatal
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Old 08-29-2013, 08:29 PM   #9
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Not fatal error, they may toss it or they may let it stand it depends on the mood of the prosecutor and/or judge. You can still request your continuance as I suggested and it will surely be allowed if it is'int then you have grounds for an appeal. You have the right to a speedy trial but you also have the right to representation by a lawyer or paralegal... the court must give you time to retain and instruct said council.
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Old 09-03-2013, 03:10 PM   #10
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haha technicalities & trying an actual defense against a ticket - lulz
they're far to corrupt to care they just want Your Money.

I requested disclosure once, months in advance to a BS dangerous driving ticket, where no one was injured & there was no accident (tire chirped - pre-stunting/ racing law). I was laughed at by both the prosecutor & the judge. them both saying: this is isn't a criminal trial. I replied that there was a criminal component to this charge & that i could potentially do 6 months according to the statute & I took it seriously.. recieved disclosure with chicken scratch hand writtting that Was the Next Court Date..like not official notice.. was found guilty during my non appearance.. so i hired a lawyer & poof appealed - Dismissed due to lack of evidence
-

once for my brothers ticket the Cop wasn't even present, which is usually a dissmisal- nope you can wait around for 4+ hours while this cop gets back from an officer funeral which he recieves overtime or special pay for. while we both lose out on a days work. They Really Want your Money

all of our 'judges' are appointed some don't even have law back rounds.
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Old 09-03-2013, 06:43 PM   #11
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If you don't get disclosure and you have requested it then ask for the trial to be stayed. They have to provide disclosure. Regardless what the judge said. Chances are he is not a judge but a justice of the peace. It is a trial, and you do have rights. You have to enforce your rights, they will not do it for you.
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Old 09-04-2013, 10:47 AM   #12
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Originally Posted by bmdbley'sBro View Post
haha technicalities & trying an actual defense against a ticket - lulz
they're far to corrupt to care they just want Your Money.

I requested disclosure once, months in advance to a BS dangerous driving ticket, where no one was injured & there was no accident (tire chirped - pre-stunting/ racing law). I was laughed at by both the prosecutor & the judge. them both saying: this is isn't a criminal trial. I replied that there was a criminal component to this charge & that i could potentially do 6 months according to the statute & I took it seriously.. recieved disclosure with chicken scratch hand writtting that Was the Next Court Date..like not official notice.. was found guilty during my non appearance.. so i hired a lawyer & poof appealed - Dismissed due to lack of evidence
-

once for my brothers ticket the Cop wasn't even present, which is usually a dissmisal- nope you can wait around for 4+ hours while this cop gets back from an officer funeral which he recieves overtime or special pay for. while we both lose out on a days work. They Really Want your Money

all of our 'judges' are appointed some don't even have law back rounds.
Nice work.

Another thing the OP could try to delay the court date is to request a translator. That would take another couple of months. Or provide proof that you will be out of town during the court date and you will not be able to attend.

I have missed my court date once and got convicted by not appearing. That's not justice at all. Sounds like shxt that happen in some third world Communist countries. The rules are made by the same corrupted officials who take our money away.

I then argued with the Justice (my ) of Peace that there was no information provided to me in any shape or form that I had to re-schedule at least 5 days in advance. He looked kind of startled but I looked straight into his eyes and repeated myself. At the end he allowed me to appeal the ruling.

But I was kind of lucky because I later found out the Toronto Court Services website did state how late can you re-schedule a court date but my bluff did work and that SOB folded his cards.

If you were knowledgeable and sound confident, you can use the system to beat the system.
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