I was clocked at doing 25 kmph over the limit in toronto on Jan 2 2011. My court date is coming up on Feb 2, 2012, which is more than one year after the offence date. now, when i went to court for one of my previous tickets, I talked to a police officer and was informed that if the trial date is scheduled one calender year after the offence date, then I do have the chance of challenging the constitution claiming i wasnt provided a fair trial. Is that a true statement? if so, what are the procedures involved in challenging the constitution and what are my chances of getting the ticket thrown out? I'm a newbie here at this forum, so any help would be much appreciated :) Thats a lot in advance guys...
I was clocked at doing 25 kmph over the limit in toronto on Jan 2 2011. My court date is coming up on Feb 2, 2012, which is more than one year after the offence date.
now, when i went to court for one of my previous tickets, I talked to a police officer and was informed that if the trial date is scheduled one calender year after the offence date, then I do have the chance of challenging the constitution claiming i wasnt provided a fair trial.
Is that a true statement? if so, what are the procedures involved in challenging the constitution and what are my chances of getting the ticket thrown out?
I'm a newbie here at this forum, so any help would be much appreciated
Do a search, there are plenty of topics discussing this on this forum, and around the internet. The form you want to file is an 11b, however there are certain 'demands' that need to be met for it to be filed successfully. If you do a search for "filing a 11b form in ontario'" or something similar, you should get the info you are looking for. What the 11b is about is that you weren't provided the right to a speedy trial, and that should technically violate your rights.
Do a search, there are plenty of topics discussing this on this forum, and around the internet.
The form you want to file is an 11b, however there are certain 'demands' that need to be met for it to be filed successfully. If you do a search for "filing a 11b form in ontario'" or something similar, you should get the info you are looking for.
What the 11b is about is that you weren't provided the right to a speedy trial, and that should technically violate your rights.
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