Chances of winning 11b - 15+ months delay

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Joined: Wed Jan 13, 2016 5:30 pm

Chances of winning 11b - 15+ months delay

by: ryosayku on
Wed Jan 13, 2016 5:51 pm

Hi I will keep this as brief as possible.

I was charged with speeding, single charge, on Oct 15 2014. Filed ticket 7 days later, stamped Oct 22 2014. Got my disclosure in April 2015, looked good no issues.

Charged with speeding - Oct 15 2014
Filed with court - Oct 22 2014
Original trial date - July 29 2015.
Adjourned trial date - Jan 27 2016

Prosecutor emails me in June saying officer cannot attend court due to fact they are on annual leave. Says will make a motion to adjourn court date. I don't disagree.

Motion to adjourn trial - June 24 2015. New court date Jan 27 2016.

I was not able to attend as I was only notified week in advance with a letter dated June 9 2015. I'm not sure if it was necessary to attend anyway as it was just a motion to change the court date, not the actual trial date. In Sept 2015, I emailed the prosecutor to give me the earliest court date as the date given is too long given the simple circumstances of a part 1 offence, the date remained unchanged.

That brings me to a delay of 15 months and 12 days, subtract a 1 week delay for me to file the ticket with the court.

Court date for me is obviously coming up and I have filed all the paperwork including ordering the transcript of the motion to prove that it was not me who changed the court date. Any idea of the success rate this charter argument will be?
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