14 months from offense to trial

[mat2312]

Got ticketted 3 times on October 28th. 2007


Trial date:



DECEMBER 18th 2008!!! that's ridiculous




I'll let you guys know how my 11b defense goes

[Hedges]

Over 12 months, theres a way you can have your case thrown out

[mat2312]

Over 12 months, theres a way you can have your case thrown out

ya i'm going to file an 11b I just didnt' realise the GTA was that backlogged

[Rob MacLennan]

Don't file until you're a couple of months away from trial. Until you've had your trial actually delayed, you haven't had your right to a trial in reasonable time abridged.

[mat2312]

Don't file until you're a couple of months away from trial. Until you've had your trial actually delayed, you haven't had your right to a trial in reasonable time abridged.

Thanks Rob that's what I figured, I remember from law class until something has actually happened you cannot make motions.

[rukus]

prepare a secondary backup. there have been cases where jps have said that due to the backlog, 14 months is no longer grounds for 11b

[FiReSTaRT]

It really depends on the JP. You have a good chance but some allow up to 15 months so don't count on it.

[mat2312]

I do have secondary plans, 2 of the tickets are bogus anyway and will be thrown out at court but going 3 for 3 would be better

[Hedges]

damn, goodluck! let us know how it goes!

[croco]

Try 23 months (ticket May 28, 2006, 3rd trial date April 24th).

First time adjourned for lack of disclosure, second time because the JP refused to entertain an 11b motion. And here's the kicker: I just received a notice of motion in the mail that my trial has to be adjourned YET AGAIN, because the "court is closed due to lack of judicial resources".

[Vlad]

14 months should be enough for 11b. My backup plan would be to appeal if it's not accepted. If we allow the courts to set precedents and stretch the Charter as they see fit where it's going to end? If JP does not accept your 11b motion, regardless of whether you actually end up convicted or not, he is setting the precedent prosecutors can quote in future cases. Court backlog (or in some cases gross negligence, indolence and incompetence) should not be the reason to stretch the 11b limit set by case law. Ergo, fight it for your sake and sake of future accused. We should do whatever we can to lower the 11b threshold, not allow the crown to extend it.

[bitzz]

You would be well served if you could rationalize that a constitutional challenge to the crown's case based on section 11b of our constitution is not contingent on TIME.
Never was...never will be.

[mat2312]

Thanks guys, I definitely do my homework with these types of things and will represent myself well. When I was at the courts filing my three tickets I actually helped a few people with some things and got asked if I was a paralegal. You'd be surprised how oblivious people are to some basic legal rights.

[Metastable]

File another 11b

[adri]

Over 12 months, theres a way you can have your case thrown out

That's right, look up your rights, there's something about a right to fair and timely trial isn't there? Do your homework, say your prayers, bring a smile to an orphan, and you might just get lucky.

If you have any conditions, say something simple as acid reflux or heart burn, we wouldn't want to aggravate that for over a year's worth of stress, correct?

[Fingolfin]

question, if u go in with a bunch of other cases with a similar time delay and use them as examples, would that work because you're proving presedence?

[rukus]

That's right, look up your rights, there's something about a right to fair and timely trial isn't there? Do your homework, say your prayers, bring a smile to an orphan, and you might just get lucky.

If you have any conditions, say something simple as acid reflux or heart burn, we wouldn't want to aggravate that for over a year's worth of stress, correct?

there is no set time limit for 11b.
it is up to the JP. some have had tickets dropped @ 14 ,months, 16, 12, whatever.
its not a complet defense. plus if you are the reason for a long wait (extensions etc) then it is less likely to work

[mat2312]

but if you can get presidence and the judge blatantly dismisses this (you can get the court transcript) it makes for a good appeal

[Smokeandapancake]

I do have secondary plans, 2 of the tickets are bogus anyway and will be thrown out at court but going 3 for 3 would be better

Oh come on now, everyone knows they are ALL bogus.

[mat2312]

Oh come on now, everyone knows they are ALL bogus.

well one is for having the wrong colour on my ownership even though my car is infact White, the officer thought it was grey....


the second is for not displaying a front plate, I hit a coyote the night before and had the plate on my windshield, there was significant front end damage to my bumper and no possible way to mount my plate, I was getting the car home from guelph to reattach everything, put it this way the license plate still had dry blood and a few coyote hairs on it but the cop wouldn't have any of it.


he writes the two tickets out and tells me if I bring them to court he'll drop them? WTF