Do I have a case for 11b? (trial was adjourned)

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Joined: Mon Oct 07, 2013 6:22 pm

Do I have a case for 11b? (trial was adjourned)

by: keenb on
Tue Oct 29, 2013 4:26 pm

March 25, 2013 = speeding ticket issued

April 2, 2013 = took time off work, submitted notice of intention to appear in court (I'm not 100% certain on the date, is it possible to get a confirmation by calling the court/prosecutor's office?)

May 31, 2013 = notice of trial issued, received by mail about 2 weeks later, the trial date is set for October 29, 2013

June 14, 2013 = took time off work, requested for disclosure in person, have stamped paperwork, they forced me to leave a phone #

September 10, 2013 = disclosure issued, however I was informed about it much later via a phone call, around early October

October 7, 2013 = took time off work, picked up disclosure (3 weeks from trial date), the clerk at the prosecutor's office took a long time to locate my disclosure because it was filed in in a different folder, not according to my last name!

October 8, 2013 = after a quick review, I noticed the disclosure was incomplete (laser testing for incorrect device #) so I had a family member submit a 2nd disclosure request on this date, have stamped paperwork

October 11, 2013 = after more thorough review, I noticed laser manual was missing as originally requested (only pages related to testing were provided), I took time off work and submitted a 3rd disclosure request asking for the manual, as well as other information (device maintenance records, officer's log for the day, etc.)

October 25, 2013 = notified on Friday afternoon via phonecall that additional disclosure is ready, the trial is next week Tuesday

October 29, 2013 = trial date, took time off work, picked up additional disclosure which appears to include laser manual in its entirety, device maintenance records, a few other things, but not everything I requested in my 3rd request. I then go to the court room and the prosecutor asks me about my situation. I told him I received incomplete disclosure the first time, and just picked up additional disclosure 30 mins ago. He understood the situation and proposed to postpone the trial date so that I can review the documentation and seek legal advice, I agreed. The new trial date is set for April 1, 2014.

While the extension was being granted, I don't recall the exact language, I believe it was simply stated that the the adjournment is due to disclosure being received last-minute (does that imply it's the fault of the Crown?). Would I have to order court transcripts to verify what's been recorded on this day?

And the ultimate question - do I have a case for 11b?

Thank you!
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