kwyze

Hi, I was wondering if someone could offer me some pointers.

I recieved a speeding ticket in October of 2004. I booked a trial date, and it was in March of 2005. I sent in requesting full disclosure 3 times, and never recieved it. In court, I fought the right to full disclosure. Unfortunately, the officer showed up and the crown (not sure if its a crown in traffic court) said that because the officer showed up, then he can give me his notes, and my trial would be post-poned. It was rescheduled to June.29/05 at 2:30pm. Unfortunately, the court reporter put it down wrong and I was on the doccet (sp?) for 1:30pm.
I showed up the next day and re-opened my case with a justice of the peace and my next trial date is June.6/2006.

Now would I be able to argue the Right to a Speedy Trial seeing as it has been more than a year?

Thanks for reading my novella .
-Kevin

blacky

Can you argue the right to a speedy trial? Well, first of all
its unusual that it took 3 requests to get disclosure. You said that you fought the right to get full disclosure? This isn't something you normally need to fight for. Perhaps you were asking for additional disclosure that the JP allowed during your trial?

If you didn't get any disclosure prior to trial I have to wonder why. Perhaps you moved and your drivers licence dosnt have your new address?

Did you at any time ask for a trial to be adjourned (post-poned)? Did you ask for additional disclosure that was provided at a later date? Is your address incorrect? If any of those are true then it was your actions that delayed this matter from proceeding. So a motion to have the charges dismissed would not be granted.

The only arugment that you have that I can see is the fact that your trial was scheduled on the docket for 1:30 but you were notified to be present at 2:30 on the 29 June 05. Since you were not present you were probably "deemed not to dispute" and found guilty. But this argument would only entitle you to a new hearing, not an automatic dismissal.

Double_B

Blacky, I have also asked for full disclosure in one of my trials as well a couple of years ago and I did not receive it. They rescheduled my court date. I still didn't receive it for th second court date, but the police officer did not show.

None of my personal information changed. I sent it via registered mail quoting in the letter the ticket reference number and my court date. Till this day I have not received anything. So I believe him when he says that he did not receive his disclosure.

blacky

So this has happened twice to you? Asked for disclosure but did not receive anything? Is someone intercepting your mail?

Anyway to get back to your original post. If you still don't receive disclosure by your trial date take a copy of the registered letter you sent them with you. (you saved a copy, right?)

Since you are representing yourself in court you will have to raise the point that disclosure has not been provided. The Crown will not do this for you.

BTW,
who is he?

Double_B

The person that started this post, kwyze

Connie

HE is Kevin aka kwyze

blacky

Posted my reply thinking I was talking to Kwyze! My mistake.

kwyze

rofl, just to clear things up.

I asked for disclosure (faxed in) a total of 3 times before my origional court date (march/05). I took the origional faxes with me and said that I asked for full disclosure a total of 3 times with receiving nothing in return. The crown said that seeing as the officer showed up, he would provide me with the disclosure that day and the court would be post-poned. I have done nothing to delay the trial except for ask for disclosure and the court reporter f-ing up the time for my next trial.

I have heard of people getting off when fighting for the right to a speedy trial (if its been more than 9 months after filing for a court date), but just wanted to make sure that it would work.

and connie, remember, its "Mr. Sexy Kevin" aka "kwyze"

Younes Si

speeding tickets are hard as *** to win..usually never only when cop doesn't show...good luck

blacky

Well now that we know who each other is.... but I guess I'm the one to blame for starting that. I had my Internet Explorer scrolled to the right, so everyones names were blocked out.

Anyway, Kwyze, you got the ticket in October 2004. You did not receive disclosure until March 05, which should have been presented to you before that date so you could prepare. You did not request an adjournment. The crown neglected to provide disclosure before the initial trial and the court officer neglected to notify you of the proper time, so because of all that you dont get a trial until June 2006 - some 20 months after the offence date! If all that is correct I think you just might have a valid reason to have the charges withdrawn. Let us know how it turns out.