What if judge rejects my 11b motion?

diehard
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What if judge rejects my 11b motion?

by: diehard on
Thu Dec 02, 2010 7:51 am

The trial day comes and lets suppose the judge rejects my request for stay of proceedings based on 11b.

According to the judge, 13 months isn't that much time, so he decides to proceed with the trial.

He asks me to plead.

What should I do?
How can I appeal the refusal of the stay of proceedings?




diehard
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by: diehard on
Thu Dec 09, 2010 7:50 am

Traffic Law wrote:11b motion is heard pre-trial. If your motion fails you will be required to enter a plea and either proceed with trial or plead guilty. You may appeal the 11b decision after the completion of the case.
If I appeal the 11b decision, will the conviction still show in the MTO records?

My goal here is to avoid the possibility of my insurance company increasing my policy because of a conviction.

Thanks.


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Radar Identified
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by: Radar Identified on
Sun Dec 12, 2010 5:55 pm

If you appeal and are successful, it will be wiped off your MTO record. If you appeal and are not successful, then the conviction will stand.

Just curious - is this hypothetical or did the JP reject your 11B? 13 months is absolutely long enough for an 11B.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


diehard
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by: diehard on
Mon Dec 13, 2010 9:07 am

Radar Identified wrote:If you appeal and are successful, it will be wiped off your MTO record. If you appeal and are not successful, then the conviction will stand.

Just curious - is this hypothetical or did the JP reject your 11B? 13 months is absolutely long enough for an 11B.
Hypothetical... :D

I need a plan B if my 11b fails, it's a worst case scenario.

So suppose I appeal the 11b rejection and win the appeal in the future, will the MTO records be updated?
How long can an appeal take?


diehard
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by: diehard on
Wed Dec 22, 2010 4:54 pm

VICTORY!!!!!!!!!!!!!

I arrived at the court room an hour before my trial was to begin.

It was very busy, lots of people pleading not guilty from the previous session.

So when the time came for the new session everyone lined up to speak with prosecutor.

I noticed that my interpreter and the officer showed up.

When I approached the prosecutor, with my interpreter, she immediately tried to offer me a plea of a lesser charge.

I said through the interpreter that I had filed an 11b.
She asked if I submitted everything according to the rules.
I said yes, I had a folder with everything: forms, affidavits, notices, etc
I was firm.
She told me to sit down and I would be called.

After a few cases my name was called.

I approached the bench with my interpreter, always bowing.

The JP asked my name and I replied.
The prosecutor then said that she was withdrawing the case!!!
That's it!
You are free to go!
It was very quick

She knew all the time that I was the guy that submitted the application for stay, yet she tried to offer me a plea-bargain.
What a weasel!


I'm happy@!
Last edited by diehard on Wed Dec 22, 2010 5:05 pm, edited 2 times in total.


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Radar Identified
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by: Radar Identified on
Wed Dec 22, 2010 5:02 pm

Two words: CONGRATULATIONS!!! And... NICE!!!

(Okay, that's three words but who's counting?)

On behalf of everyone, I'd like to thank you for sharing your experience with filing the 11B. I figured the Prosecutor would try the plea-bargain, just to see if you'd fall for it. Given the effort you put in, I hope you stick around and help others on the forum learn from your experience.

Well done!
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


diehard
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by: diehard on
Wed Dec 22, 2010 5:08 pm

Special thanks go to

- Radar Identified -> lots of good info!
- Simon
- hwbear
- admin

I'll stick around and help fellow citizens.

I now started to enjoy this process, I wish I could have studied law. :D


diehard
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by: diehard on
Wed Dec 22, 2010 5:11 pm

I left in a hurry so happy that I forgot to ask the following:

How do I confirm that my case was really stayed?
I got no document or anything.
Is there a court website I could search for the result of the courts proceeding?


CAROL
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by: CAROL on
Wed Dec 22, 2010 8:08 pm

Make that 2 Victories as a result of the information published on this site!

I filed an 11b using the process provided here a couple of weeks ago. When I attended POA court this week I watched the usual process as a long line of people pleaded guilty to lesser speeding charges. I had everything ready to defend my 11b and if it failed, I had my trial information prepared.

I asked the prosecutor whether the officer was in the court and was told "yes" so I assumed I was going to have to go through with the whole process. When they called my name however there were no police in the court. The JofP then confirmed my name and that I had filed a Notice of Application for Stay of Proceedings. He looked at me and the prosecutor for a minute and said the 3 words: "Stayed with Consent". I didn't really know what that meant at the time and just stood there but he finally said "You are free to go". I believe it means that the Prosecutor agreed to my Application for a Stay of Proceedings.

Although it's a relief, there is also a momentary bit of a letdown when you are planning your questions and arguments for the trial but don't actually get to use them.

I would really like to thank diehard and Radar Identified and others who have posted information on this website. The discussion on the 11b process was perfectly timed to provide me what I needed. I used the documents referenced on this site to prepare my 11b and went around with a list of who and where I had to serve the documents and it worked flawlessly.

It's also interesting to see the effect of the filing on the court. Just by the whispering between the prosecutor and court personal before I was called up, I got the impression that I had thrown a big monkey wrench into the court proceedings. I really got the feeling that they like to avoid actual trials like the plague and a special motion like a 11b is even worse. They seemed happy just to get rid of it.




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by: clyrrad on
Mon Mar 21, 2011 10:20 pm

Yes congratulations!!!!! I am in the same boat right now too.....

Question for you guys - I too have gone thru the 11B process but want a Plan B just as diehard, lets say your 11B is hypothetically is rejected - can you then ask the court to delay proceedings for say 30 to 60 days on the grounds that you have not had enough time to prepare your case or consult an attorney due to the fact that you had an 11B pending?

Would the court accept this and provide you the requested time to prepare for trial?


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