Hi, While researching what an unreasonable amount of time is for 11(b), I came across this article which documents 4 recent cases where the 11(b) was dismissed: http://www.lawtimesnews.com/20111205882 ... ngs-tossed In my case, I was charged with disobeying a stop sign on January 8, 2012 in Scarborough, Ontario. I submitted my objection within the 15 days time frame. I received my Notice of Trial on May 31, 2012 and have a trial date set for January 2, 2012. This is 11 months and xx days since my offence, depending on when you start counting. Do I have a chance fighting the ticket using 11(b) given the recent decisions summarized in the link?? Thanks!
In my case, I was charged with disobeying a stop sign on January 8, 2012 in Scarborough, Ontario. I submitted my objection within the 15 days time frame. I received my Notice of Trial on May 31, 2012 and have a trial date set for January 2, 2012. This is 11 months and xx days since my offence, depending on when you start counting.
Do I have a chance fighting the ticket using 11(b) given the recent decisions summarized in the link??
dstate, My opinion is that unlike Drinking and Driving charges, which the 4 cases in the article cover, Part II summary offences like the one you're charged with can be argued to be simpler in nature. These simpler charges wouldn't require the inherent time needs of hiring a lawyer and the process for obtaining disclosure should be shorter. In your case, depending on the steps you've taken thus far, you should be able to argue an 11(b) successfully. Things to consider [R. v. Morin is used as the base for these questions]: How quickly did you file your Notice of Intention to Appear within the 15 day window? How quickly did you request disclosure [you should do so NOW if you haven't]? Requesting disclosure is an important step which in itself can cause delays that could be attributed to the Crown. If you were stopped in the GTA area, you can also request disclosure of in-car video as there's a high possibility that your interaction with the officer was recorded. You have full rights to this from a legal standpoint, as it could potentially help you in your case. Also, officer notes should be legible and easily understandable, and the delays in getting this could also be argued against the Crown. I'd request disclosure three times using the fax method [once every 4-6 weeks until you get it], or in person at the courthouse, and see how that goes. If you do not receive complete disclosure, you have the absolute right to ask for an adjournment on your scheduled court date. This should be argued against the Crown. Wait until 2 months before your court date to see where you stand on disclosure, and then depending on how things are going, you can proceed with an 11(b) application. Hope this helps. Cheers.
dstate,
My opinion is that unlike Drinking and Driving charges, which the 4 cases in the article cover, Part II summary offences like the one you're charged with can be argued to be simpler in nature. These simpler charges wouldn't require the inherent time needs of hiring a lawyer and the process for obtaining disclosure should be shorter.
In your case, depending on the steps you've taken thus far, you should be able to argue an 11(b) successfully.
Things to consider [R. v. Morin is used as the base for these questions]:
How quickly did you file your Notice of Intention to Appear within the 15 day window?
How quickly did you request disclosure [you should do so NOW if you haven't]?
Requesting disclosure is an important step which in itself can cause delays that could be attributed to the Crown. If you were stopped in the GTA area, you can also request disclosure of in-car video as there's a high possibility that your interaction with the officer was recorded. You have full rights to this from a legal standpoint, as it could potentially help you in your case. Also, officer notes should be legible and easily understandable, and the delays in getting this could also be argued against the Crown.
I'd request disclosure three times using the fax method [once every 4-6 weeks until you get it], or in person at the courthouse, and see how that goes. If you do not receive complete disclosure, you have the absolute right to ask for an adjournment on your scheduled court date. This should be argued against the Crown. Wait until 2 months before your court date to see where you stand on disclosure, and then depending on how things are going, you can proceed with an 11(b) application.
mnstrcck is right. I did that with a red light ticket I received September 2010. My trial was set for July 2011. They didn't give me disclosure until 2 days before the court date so my paralegal had the trial moved on their onus (they didn't provide us enough time review the evidence, or something like that). Trial was moved to January 2012. OTT filed an 11b for me, and when they went into the court room on that date it was thrown out.
mnstrcck is right. I did that with a red light ticket I received September 2010. My trial was set for July 2011. They didn't give me disclosure until 2 days before the court date so my paralegal had the trial moved on their onus (they didn't provide us enough time review the evidence, or something like that). Trial was moved to January 2012. OTT filed an 11b for me, and when they went into the court room on that date it was thrown out.
Lahiry doesn't change the time frames, it basically just says that not every day from the time you set a trial date is institutional delay. There is a certain period of time that is required for the defence to be ready to actually go after a trail date is set and that time is not institutional. To clarify, if you set a trial date today and the 1st available is 10 months from now, it wouldn't be 10 months of institutional delay, because you're not realistically ready to proceed today. It might be 9 months or something like that, depending on the complexity of the case to prepare for. That being said, I agree with what was alluded to above that the reasoning in Lahiry applies less strongly to POA cases. There is also a Court of Appeal case released yesterday or maybe the day before that seems to resile a little bit from this, but I haven't read it yet.
Lahiry doesn't change the time frames, it basically just says that not every day from the time you set a trial date is institutional delay. There is a certain period of time that is required for the defence to be ready to actually go after a trail date is set and that time is not institutional.
To clarify, if you set a trial date today and the 1st available is 10 months from now, it wouldn't be 10 months of institutional delay, because you're not realistically ready to proceed today. It might be 9 months or something like that, depending on the complexity of the case to prepare for.
That being said, I agree with what was alluded to above that the reasoning in Lahiry applies less strongly to POA cases.
There is also a Court of Appeal case released yesterday or maybe the day before that seems to resile a little bit from this, but I haven't read it yet.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
