Section 11b, I can't make the court date to request a stay.

majesus
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Section 11b, I can't make the court date to request a stay.

by: majesus on
Wed Apr 09, 2014 1:01 pm

I am preparing a case and have been reading information about section 11b. However I need some help for a particular question:

I have a traffic ticket that occurred on Nov 08, 2012. I just received my notice of hearing date for May 30, 2014. That's over 18 months, so I plan to file a Section 11b. The problem is that since the alleged offense 18 months ago, I've gotten a new job and now to make a living, I work rotation shifts outside the province of BC. Unfortunately, on the hearing date of May 30, 2014, I will be outside of the province on an already assigned work schedule. I do not want to file an adjournment application, I want to pursuit filing a section 11b since I have a civil issue concerning my Canadian Charter of Rights and Freedoms. If I file section 11b, I can't make the May 30 court date to request a stay of proceedings. How to proceed? What is recommended?

Also, I've searched the net, I've found some reference on how to file section 11b specifically for BC. But in all the information I read, I still have to go to the scheduled court date to request the stay. I'm not sure how to handle this so I will be outside the province at that time.




majesus
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by: majesus on
Wed Apr 09, 2014 7:15 pm

Is that my only option? I plan to represent myself, I just not sure how to go about it since I am going to file a section 11b, but my hearing date is when I'm out of town for work.

I believe I will have to file an adjournment application then file a section 11b at a later date since the original hearing notice was more than 18 month.




majesus
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by: majesus on
Wed Apr 09, 2014 8:00 pm

Yeah I know they are not same courts. Unfortunately, there is no BC highway traffic act forum. This is as close as I can find for some support on our Canadian laws. Even thou different jurisdiction, I'm was wondering if I could get some general reference help in preparing my case. I think I'll submit an application to adjourn a hearing and see if the courts can align a date with my existing out of province work schedule. If they don't align, then I'll ask an agent (family member or friend) or legal counsel appear on and make submissions on your behalf only (not give evidence).




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by: admin on
Fri Apr 11, 2014 7:43 pm

majesus wrote:Unfortunately, there is no BC highway traffic act forum.
We will be launching two separate forums for BC and Alberta soon.


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