File 11b motion in advance

[adri]

Court date was pushed back due to the innocent defendant (me) not being given requested disclosure until the morning of his hearing. Totally unfair. Boo, hiss.

Hearing was pushed back at my request and february 2012 was chosen by the crown. Original offence was supposedly committed October 2010. Of course I'm so disappointed that my rights are being violated because of the courts ineptness at rescheduling my hearing within a reasonable amount of time so I'm filing a motion to dismiss the proceedings and get this thing tossed out.

I have general form affidavits, a notice of motion, form 1 notice of application, and a form 3 I don't think I need. I know I need 3 copies of these signed and stamped. One for the court, one for the prosecutor, and one for me, but how soon should I file these?

Are there any advantages to filing sooner than later? Am I ok to file at any time now given that it's been over a year since my original incident?

A friend is helping me out but she works at the attorney general for the supreme court so these policies and procedures aren't part of her expertise.

[Rob MacLennan]

Court date was pushed back due to the innocent defendant (me) not being given requested disclosure until the morning of his hearing. Totally unfair. Boo, hiss.

Hearing was pushed back at my request and february 2012 was chosen by the crown. Original offence was supposedly committed October 2010. Of course I'm so disappointed that my rights are being violated because of the courts ineptness at rescheduling my hearing within a reasonable amount of time so I'm filing a motion to dismiss the proceedings and get this thing tossed out.

I have general form affidavits, a notice of motion, form 1 notice of application, and a form 3 I don't think I need. I know I need 3 copies of these signed and stamped. One for the court, one for the prosecutor, and one for me, but how soon should I file these?

Are there any advantages to filing sooner than later? Am I ok to file at any time now given that it's been over a year since my original incident?

A friend is helping me out but she works at the attorney general for the supreme court so these policies and procedures aren't part of her expertise.

No advantage and one big disadvantage; they see your motion and then say your date has been moved up to next week, so as to not 'infringe upon your right to a speedy trial.'

[Nyx13]

No advantage and one big disadvantage; they see your motion and then say your date has been moved up to next week, so as to not 'infringe upon your right to a speedy trial.'

That's exactly what I was thinking... What about waiting until January before filing the papers?

[Rob MacLennan]

That's exactly what I was thinking... What about waiting until January before filing the papers?

Too late, given government office shutdowns over the Christmas break.

[OpenGambit]

The "magic" number is 13 months for an 11b, so anytime after 13 months I would file it.

though by magic I don't mean its a sure thing. But its more of a general guideline.

[Salos Dafee]

I know next to nothing about the complexities of the issue, but I am on Adri's side.
Every defendant is up against a team of conspirators who stack the deck and ride
roughshod over the truth, caring nothing for justice and everything for convictions.

I appreciate this opportunity to learn what "11-B Motion" is, so I will watch closely.
So far, the only thing that puzzles me is that no idiots
have blundered into this thread to utter the oft-heard nonsense:
hey, if you are chargd then you are probly guilty so be a man & pay the fine, etc. etc.

I am not saying I miss that chorus, because I don't;
I just wonder what is keeping the jerks away.

[adri]

Yep. That's why my friend at the attorney general said not to fill out the forms immediately after my original trial (sept.) as it would be within a year of my incident (oct.), but now that we're in December I think even if they move it up to tomorrow I'd still have an argument to have it tossed, I think(?)

Gonna submit everything later this week or Monday. If all goes well I'll make a thread with all the forms as a template.

[adri]

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!

[adri]

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!

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?

[Rob MacLennan]

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?

Make sure that you have all of your paperwork with you, that shows you have submitted the Constitutional Question.

[adri]

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.

[OpenGambit]

Best of luck.

Remember not to "ask" the witness anything.
you want him to confirm what you already know . so yes or no questions.

[adri]

Best of luck.

Remember not to "ask" the witness anything.
you want him to confirm what you already know . so yes or no questions.

Good advice! Thanks!

[iFly55]

so how'd it go?

[adri]

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...

[iFly55]

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
____

edit: also make sure you include the transcript of this new adjournment as well, to avoid further delays