Speeding ticket question
- Thread starter thecuriousgeorge
- Start date
That's your chance for overturning the conviction. No harm done.
The non-availability of disclosure goes against the crown, delay's trial and and strengthen's your argument for chapter 11B filing.
Eitherway, you dont lose.
CS.
Good luck getting an 11b in front of a JOP who probably doesn't fully understand our Charter. As I said- It's not as easy as you think. Go sit in traffic court for a few hours and see the reality on the ground so to speak.
Good luck getting an 11b in front of a JOP who probably doesn't fully understand our Charter. As I said- It's not as easy as you think. Go sit in traffic court for a few hours and see the reality on the ground so to speak.
Don't worry. They know about it (even cops). They won't let him plead that in a motion. They will just dismiss him IF he meets the delay period and has filed his motion to have the trial stayed on the basis of 11(b). If they let him talk, then all other similarly delayed cases to be heard might have to be dismissed. I've used that defence a few times, all successful. One time, the female cop who stopped me for speeding said hello, but she was in plain clothes at the court. I played dumb and asked "Who are you?", she replies, "I'm the officer who gave you the ticket", I said "Oh god, it was so long ago I can't remember", then she asked me if I was filing an 11(b) and if I had all my paperwork in order, and I said "You bet". I barely spoke a syllable when I was before the judge.
You're story sounds like a load of shit. Are you telling me the cop RECOGNIZED you? Unless you are a cyclops then I highly doubt it. She probably gave out 50+ tickets that month alone.Don't worry. They know about it (even cops). They won't let him plead that in a motion. They will just dismiss him IF he meets the delay period and has filed his motion to have the trial stayed on the basis of 11(b). If they let him talk, then all other similarly delayed cases to be heard might have to be dismissed. I've used that defence a few times, all successful. One time, the female cop who stopped me for speeding said hello, but she was in plain clothes at the court. I played dumb and asked "Who are you?", she replies, "I'm the officer who gave you the ticket", I said "Oh god, it was so long ago I can't remember", then she asked me if I was filing an 11(b) and if I had all my paperwork in order, and I said "You bet". I barely spoke a syllable when I was before the judge.
11b works probably less than 10% of the time. If you really are stating the truth , post the proof. Let me guess? You lost it? You're post is lies and BS> You are misleading people.
You're story sounds like a load of shit. Are you telling me the cop RECOGNIZED you? Unless you are a cyclops then I highly doubt it. She probably gave out 50+ tickets that month alone.
11b works probably less than 10% of the time. If you really are stating the truth , post the proof. Let me guess? You lost it? You're post is lies and BS> You are misleading people.
Fuck you. She came up to me and sat next to me. I've used 11(b) more than twice and when too busy, my paralegal has used it too. I'm no idiot who will post my personal affairs you muscle head.
(11(b) only works if the delay is at least 10 months away - the Askov case only involved 8 months but that was a murder trial and years ago).
Edit: Sorry for swearing Brett. Maybe they did a roll call prior to the proceeding for attendance and/or motions, but as far as I can remember, she came to me and we started talking.
Last edited:
maybe they read terb and saw his admission the date was wrong.Two points.
It appears (post #25) that our boy has already (in a fit of insanity) informed the counter-clerk that the date is wrong. It's quite likely, therefore, that the clerk will have made a note on the file, and the prosecutors will see the note when they pick the file up - prob pre-trial. So the date will be corrected before trial. So, he has no defence to the charge, at trial. The absentia ruling will not be overturned on appeal, and our boy will be dinged for costs.
Secondly, even if the wrong date is not corrected, isn't it far more likely, if the accused is not present, that the JoP will simply adjourn the trial? First time, anyway, and assuming there's no history. Once again, our boy will be dinged for costs.
Hmm?
This ^our boy has already (in a fit of insanity) informed the counter-clerk that the date is wrong
The guy who was behind me said aloud "why would you tell them that? That ain't gonna help you"....immediate regret...
Again, I do appreciate all the info.
And with traffic tickets, 10 months usually isn't going to cut it. Askov is a virtually irrelevant case as far as 11(b) goes. When it was handed down, courts across the province started throwing out tickets that were older than 6 months. You could literally walk into the court, the JP would sit down, and tell anyone whose ticket was more than 6 months old to go home, and then stay the entire docket.Fuck you. She came up to me and sat next to me. I've used 11(b) more than twice and when too busy, my paralegal has used it too. I'm no idiot who will post my personal affairs you muscle head.
(11(b) only works if the delay is at least 10 months away - the Askov case only involved 8 months but that was a murder trial and years ago).
Then the Supreme Court clarified its position in Morin and elaborated on a series of factors that needed to be considered in assessing whether there had been unreasonable delay. Believe me, prosecutors and JPs are all very familiar with 11(b), and its implications. Anyone claiming 11(b) should be ready to address those issues. It is not impossible to get a charge stayed because of it, but it is hardly as easy as so many seem to think.
And, btw, Askov was not a murder trial.
And with traffic tickets, 10 months usually isn't going to cut it. Askov is a virtually irrelevant case as far as 11(b) goes. When it was handed down, courts across the province started throwing out tickets that were older than 6 months. You could literally walk into the court, the JP would sit down, and tell anyone whose ticket was more than 6 months old to go home, and then stay the entire docket.
Then the Supreme Court clarified its position in Morin and elaborated on a series of factors that needed to be considered in assessing whether there had been unreasonable delay. Believe me, prosecutors and JPs are all very familiar with 11(b), and its implications. Anyone claiming 11(b) should be ready to address those issues. It is not impossible to get a charge stayed because of it, but it is hardly as easy as so many seem to think.
And, btw, Askov was not a murder trial.
Yes, I said 'at least' ten months. I've relied on another case Regina vs. DeHaney (2005) which was based on 10 months delay, however, I understand that over 10 months makes for a stronger case (I'm aware of successful challenges based on 11, 13 and 14 months delay).
As for Askov, I checked that it was for conspiracy to commit extortion, so my bad but I vaguely recall that it involved a criminal offence.
Thank you counsellor.
