A question about 11(b)

diehard
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A question about 11(b)

Unread post by diehard on

I'm afraid this could backfire on me.

First, a little history:

My traffic ticket was for Disobey Stop Sign - 136(1)(a).
According to the officer, I was also following too closely the car in front of me.
I believe that info will be in his notes.
But he issued that one ticket only.
Anyway, I chose option (3) and requested an interpreter too.

Got trial notice a few weeks ago.
The trial date was set 13 months after the offense took place.
That's why I'm going for the 11(b).
I also requested full disclosure.

The thing is, I have no defense at all, except for the 11(b) argument, and also if the officer or interpreter don't show up.

How should I proceed in court?

1. If the prosecutor approaches me to offer a deal, I will obviously reject it because of my 11(b) request.
2. If the judge rejects my 11(b), can I still plead guilty or is it too late because I already entered a non-guilty plea?

I'm afraid the judge can get upset with me and increase my fine and/or points, even more if he sees officer's notes (if it mentions I was following too closely).

I don't mind paying the fine and I'll even say thank you to the officer and buy him a beer. I respect his work.
What I do not respect is the insurance companies hiking your rates because of a minor offense. There was no accident or damage involved (in which case a hike would be fair).
This is why I'm trying to avoid this conviction.

I'd like to hear your opinions.

Thank you very much.


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Simon Borys
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Unread post by Simon Borys on

So you're saying you need an interpreter for the English language? English to what?

It's fine to have no defence except your charter application, but once the trial commences your chance to plead guilty and ask for any leniency is gone. That being said, you can't get any more point than are associated with the charge. Points are not within the jurisdiction of the JP to raise or lower.

With regards to the fine, once the trial commences, the set fine is off the table as well and the $500 maximum under the POA applies. However, most crowns only ask for the set fine and most JP's give it. The reason they might ask for more is usually due to previous conviction for same or similar offences, not because they don't like you.
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diehard
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Unread post by diehard on

Yes, I chose to request an interpreter because English is not my first language and I don't speak it fluently, though I can write.

If the cop or interpreter don't show up, should I request to stay the trial?

Or should I proceed with the 11(b) argument in my native language?

Thanks again.


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Simon Borys
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Unread post by Simon Borys on

If the interpreter doesn't show the JP may stay the charges, but that's their call. They will not proceed without an interpreter unless you agree to waive your request for one. The other possibility is that they will adjourn to a later date. If the officer doesn't show the crown will withdraw or ask for an adjournment.
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diehard
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Unread post by diehard on

Simon Borys wrote:If the interpreter doesn't show the JP may stay the charges, but that's their call. They will not proceed without an interpreter unless you agree to waive your request for one. The other possibility is that they will adjourn to a later date. If the officer doesn't show the crown will withdraw or ask for an adjournment.
If they adjourn because of an absent officer or interpreter, that will only make my 11(b) stronger, right?

Should I insist on the 11(b) or accept the adjournment?


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Simon Borys
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Unread post by Simon Borys on

It will make your case stronger. However if you try to argue a motion, the court is going to dismiss your request for an interpreter if they feel you are able to conduct yourself sufficiently, so be aware of that.




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