hey there to everyone. my first post here on the forums, but a long time reader when ive needed it. a few years back i had a red light ticket that i was able to win in trial thanks to the advice on forums like this but anyway... i got a careless driving ticket in February this year and just had my trial. i spent lots of time researching all the relevant OHTA sections and the types of things i need to know for this type of charge. basically i got onto the highway and the officer thinks he saw me cut a solid line while merging onto the highway 401 and then changing lanes a few times quickly while speeding up to speeds of 140km/h on the 401, and then running a red light as i made a right hand turn while exiting the 401 onto a road and then cutting across a couple more lanes before finally following me down a road a few minutes and then pulling me over. i did my research and seemed like something i wanted to try to win on my own, so i went self represented and got part way through the trial before it had to be adjourned because of time restraints... we had finished all the testimony part, we just had to do our "submissions" like the final statements stuff and then the verdict, but it got adjourned to December of this year, which will be 10 months after the date of the offense. im thinking this could be an infringement on the right to trial in a reasonable amount of time? is 10 months from the offense date good enough? seems like it to me. i dont think its fair to get like half way through it and then have it adjourned to another 6 months away, having already waited 4 months to get the first part.... what do you guys think? any thoughts or advice would be appreciated. i mean i think there is still a chance i could still win based on my performance at the trial, but i wasn't feeling too confident by the time it adjourned... but now im thinking i may have been given a gift by a technicality? anything would help. thanks
hey there to everyone. my first post here on the forums, but a long time reader when ive needed it. a few years back i had a red light ticket that i was able to win in trial thanks to the advice on forums like this but anyway...
i got a careless driving ticket in February this year and just had my trial. i spent lots of time researching all the relevant OHTA sections and the types of things i need to know for this type of charge. basically i got onto the highway and the officer thinks he saw me cut a solid line while merging onto the highway 401 and then changing lanes a few times quickly while speeding up to speeds of 140km/h on the 401, and then running a red light as i made a right hand turn while exiting the 401 onto a road and then cutting across a couple more lanes before finally following me down a road a few minutes and then pulling me over.
i did my research and seemed like something i wanted to try to win on my own, so i went self represented and got part way through the trial before it had to be adjourned because of time restraints... we had finished all the testimony part, we just had to do our "submissions" like the final statements stuff and then the verdict, but it got adjourned to December of this year, which will be 10 months after the date of the offense. im thinking this could be an infringement on the right to trial in a reasonable amount of time? is 10 months from the offense date good enough? seems like it to me. i dont think its fair to get like half way through it and then have it adjourned to another 6 months away, having already waited 4 months to get the first part....
what do you guys think? any thoughts or advice would be appreciated. i mean i think there is still a chance i could still win based on my performance at the trial, but i wasn't feeling too confident by the time it adjourned... but now im thinking i may have been given a gift by a technicality? anything would help. thanks
12 months seems to be the standard before an 11b motion is accepted by the Courts. I don't see 10 months cutting it, especially when your trial has already started.
12 months seems to be the standard before an 11b motion is accepted by the Courts. I don't see 10 months cutting it, especially when your trial has already started.
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