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Wrong Time for Appeal Trial
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PostPosted: Tue Mar 29, 2016 4:17 pm 
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Joined: Tue Mar 29, 2016 4:10 pm
Posts: 1
I got "notice of time and places of hearing of appeal" and the time I got was 2:15AM for March 30th 2016 on the paper sent to me on February 5th 2016. A month later on March 2nd they sent me another letter saying the actual time should be 2:15PM. Is there a way I can use this "error" to postpone the trial?

Sidenote:
The I am fighting two tickets (speeding, 15 over and fail to surrender insurance card) in this case from April 16 2014, yes almost two years ago.
I missed the first trial set back in September 8 2015 because I actually broke my foot and was unable to come.
I do have valid defence against the accusations but I really honestly don't have time to take off work.
So I am just looking for a way to delay, and hopefully possibly file for a 11B.
Am I in scenario for an 11B or should I just come in and fight?


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Re: Wrong Time for Appeal Trial
PostPosted: Tue Mar 29, 2016 4:48 pm 
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Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 518
Location: Ontario
Is this a reopening or an appeal?

Any delay that you cause cannit be used to argue that the trial took too long.

If they allow you to have a new trial you can ask for an 11b based on the time from when you were charged to when your original trial should have been, but that would depend on if you caused any of that delay.


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Re: Wrong Time for Appeal Trial
PostPosted: Tue Mar 29, 2016 5:39 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 930
HTANoob wrote:
I got "notice of time and places of hearing of appeal" and the time I got was 2:15AM for March 30th 2016 on the paper sent to me on February 5th 2016. A month later on March 2nd they sent me another letter saying the actual time should be 2:15PM. Is there a way I can use this "error" to postpone the trial?



Let's just ignore everything else other than this letter. Nothing was changed other than the glaring obvious mistake of your court date letter showing 2:15AM instead of 2:15PM.

With a months notice and with a straight face, how do you plan on making some sort of argument that you had planned around a 2:15AM court date and need an adjournment?


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