Court Clerk Gave Notice With Wrong Date For Trial.

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Joined: Mon Dec 28, 2009 11:45 am

Court Clerk Gave Notice With Wrong Date For Trial.

by: funkyfro on
Fri Nov 11, 2011 1:22 am

Hi guys, I was convicted for DUI back in Mid September last year......

I'm not just someone ignorant crying wolf, but this whole process including the way the officers treated me that night were brutal. Nevertheless it happened so I have to deal with it.

After a few adjournments, a date for Trial was finally set. I was about to leave the Courtroom but I was told to wait for a reminder sheet upon which the court Clerk wrote up a Reminder letter and gave it to me. So I did. Well, I was all set for the date that I thought it was.....however, on the sheet it's written as the day after.

I actually have the final day of my College Course, the final day of my graduation that I'm missing to go to the date written on the sheet. It's now Mid November (so 13 months later), and I'm ready to go into court and be surprised that I missed my court date I believe. I'm certain I have grounds to appeal, however, do I have a grounds for an 11B? Since I'm sure there's gonna be a date to hear the Appeal, and a date for the trial.....which I'm certain, will take another few months at the very least. I guess what I'm asking in point form is:

- Is the Court Clerk, part of the Crown?

- Do I have grounds to have the case thrown out? (Due to these delays in error and future delays), as well as future costs (i.e. my insurance surely will go up if I was convicted in absentia)

- Do I have grounds to have compassion for my case to be thrown out?

- I understand a year or 13 months is the Norm for an 11B, so are looking for Legal Counsel, Disclosure (obviously), qualifying for legal aid, problems obtaining / viewing video disclosure, errors by the clerk......etc etc......can they cumulatively add up to the 13 months for me to receive my right to a fair and speedy trial.

I've never got a break on anything in my life, and I worked hard years ago to get two minor charges (theft under (for stealing gum)), and cause disturbance (for breaking up a fight), cleared.....this charge can ruin me. I'm currently going to school, and also do occasional supplying teaching. Both jobs of mine along with the volunteer work I do for Homeless Shelters, require me to have a CLEAN Criminal Record. I don't want this dropped to a Careless Driving, I'd like it gone altogether....

Thank you so much in advance for your responses. I don't think you understand how much hope sites like this give people like me. Not gonna go into details about my life and how close I have been to doing life-altering things, but I'm really really REALLY trying to fight through the smoke so I can see some light at the end of the tunnel.....the only light I've been seeing seems like it's from a locomotive unfortunately.

Anyways, I'm rambling again. Thank you immensely everyone.

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by: Stanton on
Fri Nov 11, 2011 2:23 am

Impaired driving is a criminal matter, not a provincial offence which this forum deals with. Court procedures for criminal matters can be quite different and you need to seek proper legal representation. Failure to attend Court on a criminal matters does not result in a conviction in absentia, but possibly a warrant for your arrest and further criminal charges. Talk to legal aid and/or a lawyer.

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