Search found 11 matches
- Mon Nov 10, 2014 2:19 am
- Forum: General Talk
- Topic: Can you request early resolution after requesting a trial?
- Replies: 1
- Views: 1375
Can you request early resolution after requesting a trial?
Long story short: Charge is disobey stop sign. I've had 2 court appearances. First one I requested an ajournment. Second one I was ready to proceed to trial but the officer was not there so the JOP set new trial date (rather than withdraw the charge). Something has come up and I will not likely be a...
- Sat Oct 11, 2014 3:10 am
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Re: Confused about something
Thanks so much for the link to the cases iFly55. Quick question: an I correct to assume the decisions from the human rights and labour tribunals are not binding, but merely 'persuasive' (at best), since they are not decisions from higher courts? In fact, how do I 'rank' the court decisions in relati...
- Fri Oct 10, 2014 10:35 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Re: Confused about something
Ah ok, I get you. Thanks for the clarification. The plea deal I would be looking at for this jurisdiction (the one offered to all the people who had the same charge on my first and second appearance) is 2 demerits and reduction of fine to something like $60. To me that is virtually meaningless as a ...
- Fri Oct 10, 2014 2:14 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Re: Confused about something
To succeed, you have to prove that you were READY for trial but couldn't proceed because of the Crown's delays and you were prejudiced because of it. It doesn't appear to apply in your case---after all, you were STILL asking for disclosure in August 2014! You therefore can't argue from one side of ...
- Thu Oct 09, 2014 11:17 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Re: Confused about something
So I was reading all the threads about how to file an 11(b), and saw that I should request transcripts (in my case, for the first appearance when I requested an adjournment and the second appearance when the prosecutor requested an adjournment). So I was trying to figure out where I would have to go...
- Mon Sep 08, 2014 10:39 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Re: Confused about something
Your adjournment only accounts for a one month delay. I don't think you understand how 11b time calculations are done, you should review R. v. Andrade: http://www.canlii.org/en/on/oncj/doc/2011/2011oncj470/2011oncj470.html From what you described the officer has another opportunity to appear for yo...
- Mon Sep 08, 2014 4:59 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Re: Confused about something
Rough Timeline Received Ticket: Nov 2013 1st Trial: Aug 2014 2nd Trial: Sep 2014 3rd Trial: ???? You're at-fault for the time between the 2nd and 1st trial. But the rest is the crown's fault. I would consider an 11b application. Prosecutor will always plea-bargain in order to avoid a lengthy trial....
- Mon Sep 08, 2014 1:23 pm
- Forum: General Talk
- Topic: Confused about something
- Replies: 14
- Views: 1863
Confused about something
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September. I contacted a paralegal ...
- Sun Jul 20, 2014 8:27 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobeying Stop Sign, just got the disclosure package
- Replies: 4
- Views: 3379
Re: Disobeying Stop Sign, just got the disclosure package
Thank you iFly55. There's no doubt my 'defense' is horribly weak. If someone sliding on 'black ice' is convicted of the same offense I am accused of, my defense here is just not going to hold up. I do have something I need clarification on though. TicketCombat mentioned that in some circumstances, i...
- Sat Jul 19, 2014 5:50 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobeying Stop Sign, just got the disclosure package
- Replies: 4
- Views: 3379
Re: Disobeying Stop Sign, just got the disclosure package
I did come to a complete stop, but I am not sure if it was beyond the stop line or not. There isn't much details in the officer's notes to go on. I think the officer may have observed my car slide forward due to the compounded factors, after coming to a complete stop, and interpreted that as 'slow d...
- Fri Jul 18, 2014 5:19 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Disobeying Stop Sign, just got the disclosure package
- Replies: 4
- Views: 3379
Disobeying Stop Sign, just got the disclosure package
I was ticketed for 'disobeying a stop sign' in York Region (Ontario) in November 2013, requested a trial date and received one scheduled for August 2014. I just picked up my disclosure package today after filing 3 disclosure requests between November and July, and I've been wracking my brain trying ...