Requesting additional disclosure and careless question!

[toysareforboys]

I was charged with careless driving from my accident on July 17th, 2011.

I had my first court date yesterday. My girlfriend also had her court date yesterday for the same charge.

The prosecutor saw her first and offered right away to drop it down to Unsafe Lane Change s.154.(1)(a) with $250 fine which she took.

When he saw me he said "I am not able to offer you an early resolution position other then in the guilty plea to careless we will ask for only 6 months in jail rather than 2 years but there is no guarantee the judge will accept our joint submission and may seek a term between 6 months and 2 years."

I was like "WTF!? I didn't kill or injure anyone, why the hell would you be seeking jail time!?"

He said "Because of your horrible driving record and extensive criminal record."

He showed me some papers with my driving record on it, he pointed at a bunch of retarded stuff from 15 years ago including 255 in an 80, suspended license due to no points left, etc. My record has been super clean for the last 5 years and decently clean in the 5 before that!! Also, my 3 years probation will be up on Nov 1st and assuming I don't screw it up before then that'll be 3 years on probation (with crazy restrictions) and 3 months parole before that, all completed without issue! Don't be holdin that crap against me!

He was asking me to take the guilty plea and I told him to f right off, what are my other options (there were three in total, take the guilty deal, adjournment for a few weeks at MY request to seek legal advice or consider the prosecutors offer and screw any future 11b challenge, or don't enter a plea and ask for a trial date keeping my 11b hopes alive), so I chose "give me a trial date". I got Nov 30, 2011!!! That's a little quick to make a defense for a case where they are asking for jail time!! yay

Anyway, I asked him if my driving and criminal records were in the disclosure package he handed me and he said they were. After I read through it I realized neither were in there! I tracked him down and asked for a copy and he said "whoops, sorry bout that, fill this out and mail it in."



So, what exactly would I write in the blanks to ask for a copy of the driving and criminal records the prosecutor has in his file? I assume I sign it where it says "signed" at the bottom? I'll fill out my next court date and courtroom, etc.

Is there anything else I should be asking for? The disclosure package is pretty complete, had their sketches of the accident, their notes, reports, etc. statements of the SUV driver, etc. The only thing it didn't have was the photographs the police took, but I'm not sure if you can ask for those in a disclosure request.

And a general question about careless, if I go to my trial and the cop doesn't show, do I get off scott free like a regular speeding ticket? Also, the "witness list" names three police officers:



If even one of those officers don't show, I get off? The person who actually wrote and served me the ticket is the guy at the top of the list.

Thanks for any information you can provide, this is a little trickier then fighting speeding tickets

-Jamie M.

[Jayv]

charged.ca

Spend the money, let them do the work.

[OpenGambit]

Read this very carefully. It will be short.

Get a criminal lawyer. Forget the paralegals.

Forget all the stupid tips and tricks you got for fighting tickets from your buddies that beat their 20 over cause the cop decided he would rather go to a bbq. If they want jail time, there isn't going to be the sloppy handling that hands out free gifts to people that offend minor traffic laws.

And BTW, don't lie to your lawyer, unlike this board.

[TwistedKestrel]

Sounds like the prosecutor has made you their pet project. Don't take this as an insult, I don't mean it that way, but you are the #1 candidate for needing a lawyer I have seen this year. I would count on those officers having a clear schedule for your court date.

[toysareforboys]

charged.ca Spend the money, let them do the work.

Thanks for the info. I e-mailed them for a quote. I've had $0 income since the accident and the insurance company is being a dick with income replacement and motorcycle cost reimbursement so we'll see if I can scrape anything together to pay for a defense team. I'm still paying off the $36,000 I spent on my first lawyer, so I might have to do this one alone =(

-Jamie M.

[toysareforboys]

Don't take this as an insult, I don't mean it that way, but you are the #1 candidate for needing a lawyer I have seen this year.

lol! Thanks for making me smile today! Needed that.

I was gonna make it my sig, but it seems kinda tacky to have something as your sig that's talking about yourself.

-Jamie M.

[FitzR6]

Here is what i used to get my disclosure...

http://www.ticketcombat.com/step4/disclosurehow.php

Good luck man!

[toysareforboys]

Here is what i used to get my disclosure... http://www.ticketcombat.com/step4/disclosurehow.php Good luck man!

Cool info! Thanks for the link! Looks like I can request my full driving record from the MTO and probably my criminal record from a similar entity if the crown will not provide it

-Jamie M.

[shoe]

Been busy lately but IBTL.

Didn't see you at L&L last night Jamie.

[toysareforboys]

Didn't see you at L&L last night Jamie.

My GF was moving into a new house (not mine) so we were too busy to make it to L&L. I'm gonna try and be at the big Burrito Boys summer end meet on Tues though

-Jamie M.

[jeero]

I agree with OpenGambit.
This isn't a common minor traffic ticket.

Take this seriously and hire serious people to help you. Unless there is a criminal lawyer on this forum, no one here is going to be able to help you the way you need.

[KrazyBones]

How were you both charged for the same accident? im a little confused.

[jeffjones]

http://www.legalaid.on.ca/en/default.asp

^^Talk to them, I had problems before eith low income and had my prefered lawyer take me for $650 and was looking at 18m jailtime and I got 12m probation.
From my understanding is most lawyers take a couple of these a year to add to their resumes (Its like lawyer volunteer work).
Hopefully everything work out for the best.

And yes, NEVER lie to your lawyer, he is on your side. and if they find out during court you lied to them they might not work as hard for you or ever take you again.

[Rob MacLennan]

Read this very carefully. It will be short.

Get a criminal lawyer. Forget the paralegals.

Forget all the stupid tips and tricks you got for fighting tickets from your buddies that beat their 20 over cause the cop decided he would rather go to a bbq. If they want jail time, there isn't going to be the sloppy handling that hands out free gifts to people that offend minor traffic laws.

And BTW, don't lie to your lawyer, unlike this board.

I'm going to have to agree with this. Regardless of your financial situation, you need a lawyer. This is going to be argued on the law and they're going to put the work in, to convict you. You need someone who knows the law.

[Smutty]

my first lawyer-Jamie M.

Umm.... Are you saying that's you in the article?

[2live&ride]

Umm.... Are you saying that's you in the article?

He refers to that case every once in a while, so yes... I think that's him.
Total badass

[Smutty]

He refers to that case every once in a while, so yes... I think that's him.Total badass

Oh... I didn't know we had that type on the board... Interesting.

[toysareforboys]

Got some xrays done today, wasn't able to get my arm cast removed because the radius bone hasn't healed very well yet The pics with the rod(s) in it is my shattered left femur. The pic with my hip in it, if you look close where the shorter rod is, you can see where the femur was broken there as well, but it was a pretty clean break so it's almost fully healed.


CLICK FOR HIGH RES! (right forearm, wrist at top, elbow at bottom)


CLICK FOR HIGH RES! (left femur and hip)


CLICK FOR HIGH RES! (left femur and knee)

-Jamie M.

[Razorsythe]

stupid question.. why are you getting charged for careless driving when the SUV was in your lane?

[rukus]

stupid question.. why are you getting charged for careless driving when the SUV was in your lane?

you actually believe his version of what happened?