cop no-show, representation attends, still adjourned

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nilsca
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cop no-show, representation attends, still adjourned

by: nilsca on
Mon Oct 19, 2009 4:01 pm

Hi

I went to traffic court today for my girl-friend (which I've learned here in the forum is a permissible form of representation). She had to go to a medical conference on short notice and I had evidence of that fact with me.

The cop doesn't show up, JOP tells me that since this is a french hearing (girl-friend is quebecoise) I cannot represent here (don't speak french myself) and she forces an adjournment for mid next-year.

Is there some kind of a proceedings error I can utilize here? afaik defendant doesn't have to attend, representation (me) was there, even though everyone speaks english they wouldn't accept me plead not-guilty for her.

Ticket 12/18/2008 - Court 10/19/2009 - Adjourned to 06/21/2010

Thanks for your thoughts

Cheers
Nils
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Greatest Canadian
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by: Greatest Canadian on
Mon Oct 19, 2009 4:38 pm

You will win the case just based on the delay.

Her s. 11(b) charter rights have been breached.

Tried within a reasonable time; 20 months is wayyyy too long.

Besides, the ticket she was issued is invalid.

You already won.
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nilsca
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by: nilsca on
Tue Oct 20, 2009 9:12 am

Hi GC

thanks for your reply - can you elaborate on "the tickes she was issues is invalid"? Is that because the officer wasn't there? How do I argue against her simply adjourning against the defendants will?

Is this some kind of non-permissable "re trial" for the same offence? (JOP basically forces an adjournment to get her evidence together based on a made up reason - "french only at french trial")


Thanks again
Nils
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Frozenover
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by: Frozenover on
Tue Oct 20, 2009 10:24 am

nilsca wrote:can you elaborate on "the tickes she was issues is invalid"?
Forget about the invalid ticket argument, it's unproven and it's similiar to using tax advice from a "tax defiler" advocate.

Filing an 11b should be sufficent to win, assuming that your gf hasn't been responsible for any of the delays (Although I would expect the crown to argue she was partly responsible for this latest delay).

Information on how the file an 11b can be found at TicketCombat's site:

www.ticketcombat.com
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Greatest Canadian
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by: Greatest Canadian on
Tue Oct 20, 2009 4:01 pm

A nullity is treated as nothing, as if it did not exist or never happened. The defect prevents it from having such effect

Everything fraudulent is null and void
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OTTLegal
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by: OTTLegal on
Wed Oct 21, 2009 8:14 am

You can file the 11b argument but I bet that the court is going to say that you were not qualified to represent your girlfriend at a french trial, and that they may have put the delay on the defendant. Subsequently the court would argue the time delay against you.

For the next trial date you HAVE to order the transcripts of the court date you were at, and see what reason the court wrote down for the delay. The court WILL require the transcript for any 11b Application.

If they put the adjournment because of the officer not being there then you can argue the 11b argument with the court. For an 11b argument there are 4 issues that you have to present to the court.

How long was the delay
did the defendant waive their right to an earlier trial
the reasons for the delay
did the defendant suffer any prejudice because of the delay

Just an FYI, the case should have been withdrawn, if she had had a strong paralegal at the court to argue against the Justice the charge should have been withdrawn. Looks to me that they took advantage of your inexperience with the court system....
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
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