asked for adjurnment, can i still do 11B?

jojojojo
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asked for adjurnment, can i still do 11B?

by: jojojojo on
Wed Jul 13, 2011 12:56 am

Hi there,

I gt a speeding ticket on Apr 28, 2010, the court date given was mailed to me around Xmas for May 25, 2011.
I asked for disclosure on Apr 28, 2011.
Day of trial, prosecutor says they need 6-8 weeks to process disclosure requests. Then she pulls out disclosure for me, even htough its been less than the 6 weeks she says they need. I ask for adjournment.
Now I'm back in court for Nov.
Can I still file an 11B and expect to have any chance of getting charges stayed? My fault for not researching earlier and doing 11B right away. New baby, postpartum depression in wife...ticket was forgotten.

Also, dad got parking ticket Apr 23, 2010. Just got letter today with court date Nov 24,2011. 19 months later. That is definitely an 11B win, right?

All help very much appreciated.


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by: Radar Identified on
Fri Jul 15, 2011 12:40 pm

For the delay from April 28 to May 25 of the next year (more than 12 months), that should be enough for an 11B. However, since you asked for an adjournment, the time from May 25, 2011 to November, 2011, will not count for the 11B application.

The 19 months should be enough for an 11B as well.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca




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