Reply With QuoteAlright I submitted my motion for stay of proceedings / 11b dismissal bundle on January 9th. Today is February 6th, my court case is tomorrow. I've yet to hear anything back from the crown.Originally Posted by adri
Any thoughts/tips/suggestions?
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I have about 20 pages single spaced from my notice of application, applicant's factum, and affidavit.
I submitted the documents a week ago to the court and the prosecutor's office and had both stamp my own copy. My next trial will be in 3 weeks (first trial was July 23rd). If I get off on the ticket I'll post a template version based on my work.
PS I cited R. V. Askov ('90), Morin ('92) and Mills ('86).
I'll take a look at the other suggestion here before trial just in case I'm denied and need something more. Thanks guys!
Last edited by adri; 01-16-2012 at 07:47 AM.
Alright I submitted my motion for stay of proceedings / 11b dismissal bundle on January 9th. Today is February 6th, my court case is tomorrow. I've yet to hear anything back from the crown.
Any thoughts/tips/suggestions?
Moderator
Make sure that you have all of your paperwork with you, that shows you have submitted the Constitutional Question.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
Thanks. Got my notice of application, factum, and affidavit, all of which are stamped as received by both the Ontario Court of Justice POA office as well as the Prosecutions Legal Division.
Also preparing some questions for the officer just in case I'm told my request has been denied. Mostly surrounding the vehicle pulled over before me. (Disclosure states I was the second of two vehicles pulled over for making a left turn). I'm not sure what else I can do but know my argument well.
Best of luck.
Remember not to "ask" the witness anything.
you want him to confirm what you already know . so yes or no questions.
This post does not provide any legal advice and readers should consult with their own lawyer for legal advice.
Good advice! Thanks!
so how'd it go?
Need a transcript. Pushed back again lol. At this point I will have renewed insurance twice without this ticket on my record as a conviction.
Only getting closer to 25...
ahh yes i did suggest including a transcript
i ran into the same problem, i kept off working on my 11b app till about a month before my trial; i was shocked when i learned i had to include a transcript; contacted the courts and they advised it actually takes 60-90 days to process transcripts, but because my adjournment was a whole 2 minutes long; they were able to put a rush on it and give it to me within a week
i submitted my 11b app 12 business days before the trial, and submitted my transcripts to the courts & prosecutor's office 10 business days before the trial; i advised them to attach it to my 11b app
i was super afraid they wouldn't accept it at pre-trial, because i technically made both submissions late and i had a major typo on my 11b with the wrong year for my offense date
the crown & the JP didn't notice any of the above, the crown on the other hand had a kidney stone over what he believed were: disclosure & first attendance delay tactics... JP decided i couldn't be prejudiced and i got two charges stayed
regarding the transcript, the crown did use my own transcript against me... lol... during my first appearance the old-JP asked if i gave my intentions for trial at the First Attendance meeting, dumb me... said, "yes". but i told the new-JP i had the First Attendance to avoid trial, so the new-JP decided that the date i filed my tickets (11b clock starts) was when i formed my intentions for trial and that the First Attendance was merely part of the trial process
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edit: also make sure you include the transcript of this new adjournment as well, to avoid further delays
Last edited by iFly55; 02-11-2012 at 08:28 AM.
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