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11B- need some help
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PostPosted: Thu Nov 13, 2014 7:44 pm 

Joined: Thu Nov 13, 2014 1:54 pm
Posts: 5
Hello Everyone.

i was charged on March 27 2013 for failing to obey stop sign sec 136 (a)

i filed with the court on March 28, 2013 for a trial. (they provided me disclosure etc)

I was given a trial date of Nov 13, 2014 ( vaughan/richmond hill court)

On Nov 13 2014 (today) Ask for a trial. the prosecutor made me wait till the end of day. Went up to the bench and was told not enough time to start a trial and they will need to reschedule.

They gave me a date of April 22 2015 or Feb 19 2015 which did not work for me as i had travel arrangements books. But i was agreeable to May 1 2015.

So the court date is set now for may 1 2015.

Do i have any chance for 11B? In the past for my wife i had hired paralegals, this year i honestly cannot afford one and need some advise.

Re: 11B- need some help
PostPosted: Thu Nov 13, 2014 8:58 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 232
Re-check those dates since I think you might have made a typo and meant your offence was in 2014; not 2013. After all, was your offence date really on March 27, 2013 and your trial today---19 months and 7 days later? If so, then you definitely have an 11b case. No question about it.

Now, if your offence date was actually on March 27, 2014, then it was only 7 months and 7 days in total---meaning, no chance for an 11b remedy today.

As for the 2nd trial date, you really can't argue about the May 2015 date since you're the one that picked it. They offered you Feb. 19/15 and so the extra delay from Feb to May 2015 is attributed to you. Thus, using the Feb. 19/15 date, that would be: 10 months and 23 days in total since your offence date. Factor in intake periods and any other 'neutral' time and you are well within the acceptable time period so there's little possibility for success on an 11b argument.

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