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.
How long does it typically go to trial in Toronto?
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.
Re: How long does it typically go to trial in Toronto?
I found this after a few hours of reading around: 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
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
Re: How long does it typically go to trial in Toronto?
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.
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.
Re: How long does it typically go to trial in Toronto?
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. 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.
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.
Re: How long does it typically go to trial in Toronto?
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
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.
Re: How long does it typically go to trial in Toronto?
The officer is a witness. They have to testify to whom the wrote the ticket to any why.
The officer is a witness. They have to testify to whom the wrote the ticket to any why.
Re: How long does it typically go to trial in Toronto?
Courts have been getting faster. Simple speeding ticket my friend was issued is due in court on April, offense was in October.
Courts have been getting faster. Simple speeding ticket my friend was issued is due in court on April, offense was in October.
Re: How long does it typically go to trial in Toronto?
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?
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?
Similar Topics
Featured Topics
What's up with motorized vehicles that are not licenced??
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Novice Driver B.A.C Above Zero Provincial
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
The public school parking was the…
Got Two Tickets on The Spot
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Fight Your Traffic Ticket site suggests to be…
Parking in fire route + 114(18)
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
Failure to stop for emergency vehicle
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Just receive a ticket for no insurance while selling my car
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
becau…
Slowest of multiple targets, ticketed anyway....
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
142km on 401 going west, near 401 exit to Homer Watson Blvd
Date: 2009, April 5th, 11:16pm
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Red Light - Fail To Stop
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
The cop made a u-turn, pulled me over…
Driving While Suspended
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
Making Statements to Police Officers
Consider a common winter occurrence:
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
Pedestrian Fail to use Crosswalk aka jaywalking
Got this ticket on March 6.
Location: Waterloo (King St North)
Offence: Pedestrian Fail to use Crosswalk
Contrary to: Highway Traffic Act, Sect. 144 (22)
Set fine: $35.00, total payable $50.00
I have a drivers license and I showed it to him, so it's recorded on the ticket.
I already chose to contest, I have an early resolution meeting notice for June 17.
I wasn't actually at a crosswalk, I was about…
Stunt/Racing Charge
Hi all,
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
Careless Driving, failed to stop for sign
Hi,
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
How to file an 11B
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Section 172 the illegal legislation governing street racing
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
driving with suspended liscense 3rd time
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Hand held device ticket on Gardiner Expressway
Hi,
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
FAILURE TO PROCEED AS DIRECTED AT GREEN LIGHT
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
Change of location?
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
how to plead not guilty?
Hi,
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Fail To Surrender Valid Permit for Motor Vehicle
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Going 50km over in an 80
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
H.I.D. Headlight Conversion Kits...
Hi there everyone,
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
