11b Filed ... Now What?

CAROL
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11b Filed ... Now What?

by: CAROL on
Thu Dec 16, 2010 3:36 pm

I have been following the process for correctly filing an 11B and now need to know what occurs at the actual trial itself. I understand that if the trial begins and no mention is made of my 11b application, I am supposed to remind the Justice of the Peace of my motion.

Once they acknowledge my motion for adjournment do I have to read it out loud or read my statement as to what occurred or do I just wait for the Justice of the Peace to speak? Does my request do all the arguing for me or do I have to make my case? I am assuming the Prosecutor will have something to say and will try to have my motion dismissed but I am wondering if I have to explain why I am requesting a stay.

Do I have to prepare anything for the court or am I just responding to questions from the Justice of the Peace at this point?

Has anyone been through the court process who can advise me what I need to do to be prepared. I am planning my defense (ie. assuming the 11b fails) but I'm not sure what to plan for when the 11b comes up.

The information on preparing the 11b on this board has been amazing and any info on the next phase would be very, very helpful.






CAROL
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Joined: Fri Apr 09, 2010 4:00 pm

by: CAROL on
Fri Dec 17, 2010 10:47 am

diehard wrote:Carol, may I ask what sequence you followed?
Did you find any obstacles while serving the Prosecutors and Court?

Basically I used the process that you and Radar Identified described at:

http://www.ontariohighwaytrafficact.com/topic2952.html

You guys have done a wonderful job of clearly describing the steps and I had no problems following it. Funny enough, every step of the way I was asked when the trial date was and when the person being served realized it was more than 15 days away, a disappointed look came over their face. I think they derive great enjoyment from telling people "Sorry but you are too late!"


CAROL
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Joined: Fri Apr 09, 2010 4:00 pm

by: CAROL on
Fri Dec 17, 2010 3:15 pm

diehard wrote:Did you read Step 5 of TicketCombat?

http://www.ticketcombat.com/step5/step5.php

I'm also interested in hearing about experiences.

Thanks, I read it and it says:
You say, "Prior to entering a plea Your Worship, I move that these proceedings be stayed on the grounds that..."

Your strategy here is that your right to be tried within a reasonable time under the Charter of Rights and Freedoms has been violated.
At this part do you just state the above or do you also relate all that has occurred (ie. what is covered in your sworn statement)? The judge and prosecutor will have copies of this as part of your package. At this point are you expected to explain what occurred or is simply stating the request above enough?


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