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36km over on HWY 401
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PostPosted: Fri Sep 30, 2016 12:11 pm 
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Joined: Tue Sep 20, 2016 9:07 pm
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Hi all,

This happened in last year (2015) April. I was going to pick up my son from Queen's University (Kingston) after his exams, and I guess I was too excited and was caught speeding 36km. The cop didn't say anything to me, just asked for my registration etc. Came back and handed me the ticket and drove off. There was no conversation or speed reduction at all.

I noticed that in that area of the 401, there are rarely any speed limit signs. So can I argue that the 100km limit was not posted?

Today, I just received a trial date for Nov 16 (very efficient compared to the City of Toronto). It is in the Count of Lennox and Addington. I want to request disclosure, will I get it in time?

Anyway here is my offence: Sect 128; Set fine of $216; Total payable $271

Thanks for all your input.


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Re: 36km over on HWY 401
PostPosted: Fri Sep 30, 2016 1:47 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1373
So you got the ticket in April of 2015, pleaded Not Guilty, requested a trial, and they are just now (September of 2016) giving you a trial date?

If it has been over a year as you say, then you can file for an 11B Charter violation of your right to a speedy trial.

If you meant to say April 2016, then you should request disclosure as soon as possible. Two weeks before trial you need to call them and see if it is ready. If you do not get it within two weeks of the trial, then you can go your court date and ask for an adjournment (new trial date) as you have not had time to properly prepare a defense.

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Re: 36km over on HWY 401
PostPosted: Fri Sep 30, 2016 1:57 pm 
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jsherk wrote:
So you got the ticket in April of 2015, pleaded Not Guilty, requested a trial, and they are just now (September of 2016) giving you a trial date?

If it has been over a year as you say, then you can file for an 11B Charter violation of your right to a speedy trial.

If you meant to say April 2016, then you should request disclosure as soon as possible. Two weeks before trial you need to call them and see if it is ready. If you do not get it within two weeks of the trial, then you can go your court date and ask for an adjournment (new trial date) as you have not had time to properly prepare a defense.



Sorry I meant 2016!

Okay, anyway, I just discovered that my son's graduation is also on that same day (Nov 16). I called the courts today, and they said to fill out a motion form and the judge will read it to determine to convict me or reschedule.

What are my chances of getting the trial rescheduled? I really don't want to miss his graduation. Can I appeal if I get convicted?

Thanks


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Re: 36km over on HWY 401
PostPosted: Fri Sep 30, 2016 2:18 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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I would send a letter to BOTH the clerk at the provincial offences office AND to the prosecutor and make your request for a new date and the reasons why.

If you do it soon enough, then the JP should not have a problem rescheduling as you gave them sufficient notice. Of course they could say no and convict, so then you would have to ask for a re-opening to get a new trial date. If the re-opening is denied, then you can try to appeal to get a new trial.

There are no guarantees they will set new date for you, but there is a good chance they will.

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Re: 36km over on HWY 401
PostPosted: Fri Sep 30, 2016 2:32 pm 
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Joined: Tue Sep 20, 2016 9:07 pm
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jsherk wrote:
I would send a letter to BOTH the clerk at the provincial offences office AND to the prosecutor and make your request for a new date and the reasons why.

If you do it soon enough, then the JP should not have a problem rescheduling as you gave them sufficient notice. Of course they could say no and convict, so then you would have to ask for a re-opening to get a new trial date. If the re-opening is denied, then you can try to appeal to get a new trial.

There are no guarantees they will set new date for you, but there is a good chance they will.


Okay. How would I find the information to the prosecutor?

The lady I called today said she'll send me a motion form to send in and the judge will read it on the day of my trial. < Is this sufficient enough?

Thanks!


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Re: 36km over on HWY 401
PostPosted: Fri Sep 30, 2016 4:28 pm 
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Yes that should be fine. Ask the people at provincial offences office for contact info for prosecutors office as well.

Hand deliver or fax are the best way to make sure they get them.

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Re: 36km over on HWY 401
PostPosted: Sun Oct 02, 2016 8:26 am 
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jsherk wrote:
Yes that should be fine. Ask the people at provincial offences office for contact info for prosecutors office as well.

Hand deliver or fax are the best way to make sure they get them.


Okay, I got the Motion file. The wording there is kind of confusing and my English is not the best.

Please download and open it (rather than viewing it on dropbox, as it is disoriented):
https://www.dropbox.com/s/oheas37t8a3zi90/BlankNoticeofMotionforDefendants.doc?dl=0

Can you confirm to see if I am doing this right?

1. Date: Do I put today or the date of my trial?

2. In the following matter: what does "R vs" mean? Is this the place to put my reason (eg. son's graduation)?

3. for an Order as follows: Is this the place I request for a reschedule?

4. An further take notice that in support of this application will be read the affidavit of: What do I put in that grey blank space?

5. at The City of: I assume I put City of Toronto?

Thank you so much for your time and assistance!


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