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 11B of the Charter of Rights and Freedoms guarantees you the right to a speedy trial. You can't just show up in court and say "this took too long to come to trial." You MUST file the paperwork. There is a lot of good, useful information out there about how to file an 11B. Generally, it must have been at least 11 months between the time you filed your ticket with the courthouse and the proceeding of trial. Keep in mind, though, the delays have to be attributable to the Crown. If you had a trial scheduled at 8 months, and then asked for a re-schedule because you were sick and the new time was 12 months after the ticket was filed, that is only considered "8 months." If, though, you asked for disclosure, and they didn't have it ready, that delay is "attributable to the Crown," and then it would be "12 months." In other words, you can't just keep asking for adjournments until it goes over 11 months and then file an 11B (unless it's the Crown's fault, e.g. no disclosure). You can file an 11B yourself, or you can hire a paralegal to do it for you. They both have their pros and cons, so you need to decide what is right for you. Be forewarned that filing this yourself requires a lot of work, and you still have to be prepared to present an argument in court. If you choose to file the 11B yourself, you'll need to do the following to get started: - Find your ticket - Find Notice of Trial - Gather any other court records (e.g. transcripts if you had a date in court already, etc) - Locate a Commissioner of Oaths or Notary Public Then the fun begins. You have to determine if you have a reasonable case for delay of trial. We already discussed the time line above. That comes from two precedent-setting cases, R. v. Askov and R. v. Morin cases. You should review them. Yes, it is a lot of reading! This website has some good information on how to put the paperwork together: http://fightyourtickets.ca/tickets/appl ... oceedings/ Some threads cover this extensively, such as this one: http://www.ontariohighwaytrafficact.com/topic2808.html diehard, in the post below, covers the steps to follow. Keep in mind that the clerks have very little training and sometimes you need to guide them, step-by-step, through what you are doing. For example, when I had to file the Affidavits of Service, it took almost eight minutes of going back and forth with the clerk before finally a Supervisor stepped in, stamped the forms and said "okay you're good to go." Just be patient. Stand your ground, but be patient, when filing. The exception to the filing process mentioned by diehard is the suffocating, depressing nightmare you will encounter at Old City Hall in Toronto. For a quick guide to that, please see this website: http://www.ticketcombat.com/step4/howtofile_harder.php You need to serve the following parties with the 11B application at least 15 days (preferably 20+ days) prior to your court date: - Attorney-General of Canada - Attorney-General of Ontario - Prosecutor's Office handling your case - Court where your case will be heard You need proof that you have served each party with the application. The Attorneys-General can be served by fax; you will need to retain the fax receipts and also swear an Affidavit of Service (form 16B) that you served them. The Prosecutor's Office and Court should be served in person. For details on how to do this, please see diehard's post below.
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge. If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you. S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html
Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.
If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.
S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
iFly55 wrote:
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html
Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.
If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.
S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
Hello I am getting ready to file a 4F under section 7 and 11b. Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date) My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument? Please advise, as I need to file the paperwork by this friday October 10th. Thank you
Hello
I am getting ready to file a 4F under section 7 and 11b.
Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date)
My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument?
Please advise, as I need to file the paperwork by this friday October 10th.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered. They sent me a letter saying they don't mail disclosure (BS) and I could get it emailed, faxed or picked up. I called the number and requested it be emailed then as I don't have time to attend; I'm away with work all the time.
Millstone wrote:
iFly55 wrote:
Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html
Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.
If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.
S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
They sent me a letter saying they don't mail disclosure (BS) and I could get it emailed, faxed or picked up. I called the number and requested it be emailed then as I don't have time to attend; I'm away with work all the time.
Looking at different guides, i am confused about which forms must be submitted for 11b application. Do i have to create 6 binders based on this sample: http://scopezoom.com/11b/StayPDF.pdf or is 4 copies of FORM 4F (1 page) completed enough? Confused...
Looking at different guides, i am confused about which forms must be submitted for 11b application. Do i have to create 6 binders based on this sample: http://scopezoom.com/11b/StayPDF.pdf
or is 4 copies of FORM 4F (1 page) completed enough?
Hi all, Great information on this site. It's been very helpful. Does anyone still have a copy of StayPDF.pdf?? It appears the original document was on scopezoom.com and the site appears to be down. Any help would be greatly appreciated, and I'd be happy to update my experience here with the latest info on the procedures. Thanks again!
Hi all,
Great information on this site. It's been very helpful.
Does anyone still have a copy of StayPDF.pdf??
It appears the original document was on scopezoom.com and the site appears to be down.
Any help would be greatly appreciated, and I'd be happy to update my experience here with the latest info on the procedures.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Re: How to file an 11B
Any suggestions on how to handle this? I can't afford to spend a day at the court 
