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.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
Re: How to file an 11B
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