How long does it typically go to trial in Toronto?

YYZE
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How long does it typically go to trial in Toronto?

by: YYZE on
Thu Feb 19, 2015 1:57 pm

Is it typical for it to take longer than 11 months? I'm trying to gauge my chances of being eligible for an 11(b).

Also, how typical is it for the officer to not come to court?

This is for a careless driving case.


YYZE
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by: YYZE on
Thu Feb 19, 2015 2:58 pm

I found this after a few hours of reading around:
In Toronto, however, it takes almost 14 months to go to trial. How many hundreds of traffic tickets has the cop written since then? Will he remember every single one or what happened a year and a half ago? Of course not. That's why the chances of the cop showing up in Toronto is less than 50%. In fact Toronto Police Chief Bill Blair admitted that most officers fail to show up in traffic court.[2]

If the cop doesn't show up, then there is no evidence against you. The prosecutor has to withdraw the charge.
The two things that work to my benefit are:

1. In Toronto... it takes almost 14 months to go to trial: If I understand correctly, if it takes more than 11 months, I can file an 11(b) and have the case thrown out.

2. That's why the chances of the cop showing up in Toronto is less than 50%. In fact Toronto Police Chief Bill Blair admitted that most officers fail to show up in traffic court. If the officer doesn't show, then I win.

Can anyone say if this information is accurate?

I got it from here: http://www.ticketcombat.com/step1/nocop.php


ynotp
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by: ynotp on
Thu Feb 19, 2015 5:12 pm

It depends on how bad a boy you have been and what court house you are heading to. More serious charges tend get bumped up where you receive a summons to attend court on a specific date and set a date for future hearings/trial. I've been hearing from 4 to 12+ months depending on the officers schedule and the courthouse.

Generally don't bank on the officer as a no-show they get paid serious overtime to be there and are legally required to attend. If the charge is for careless driving and the officer did not witness anything he may not even be required to attend if he himself has no evidence to present. The other party involved in the accident (if there was one) will be required to attend since they will be the actual witness to what transpired.


YYZE
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by: YYZE on
Thu Feb 19, 2015 6:12 pm

ynotp wrote:It depends on how bad a boy you have been and what court house you are heading to. More serious charges tend get bumped up where you receive a summons to attend court on a specific date and set a date for future hearings/trial. I've been hearing from 4 to 12+ months depending on the officers schedule and the courthouse.

Generally don't bank on the officer as a no-show they get paid serious overtime to be there and are legally required to attend. If the charge is for careless driving and the officer did not witness anything he may not even be required to attend if he himself has no evidence to present. The other party involved in the accident (if there was one) will be required to attend since they will be the actual witness to what transpired.
I definitely wouldn't bank on it, but Chief Blair's comment about officers not attending most of the time does give me hope. But the officer was not a witness, so if what you said is correct, he won't be required to come.
The other party involved in the accident (if there was one) will be required to attend since they will be the actual witness to what transpired.
What do you mean by "will be required"? Are there consequences if he does not come? From what I've been reading online and what the officer told me, the other party usually doesn't come to court as there is no incentive for them to come. This results in the charge being dropped.


iFly55
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by: iFly55 on
Thu Feb 19, 2015 11:41 pm

YYZE wrote:What do you mean by "will be required"? Are there consequences if he does not come? From what I've been reading online and what the officer told me, the other party usually doesn't come to court as there is no incentive for them to come. This results in the charge being dropped.
Rather than copy/paste posts from other threads, i'll just leave these links. There are no incentives, but the consequences are quite severe.

http://www.ontariohighwaytrafficact.com ... tml#p32174
http://www.ontariohighwaytrafficact.com ... tml#p29902






pcdunlop
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by: pcdunlop on
Tue Mar 17, 2015 9:33 am

cibinv wrote:The officer is a witness. They have to testify to whom the wrote the ticket to any why.
Even when the officer didn't witness the actual fact that resulted in the ticket? In the case of a careless driving ticket where the officer shows up after the accident and hands out the ticket, is he still needed in court for the conviction?


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