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Ontario Highway Traffic Act

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Delayed trial
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PostPosted: Tue Apr 23, 2013 9:45 am 
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Joined: Wed Apr 17, 2013 2:50 pm
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I have 2 minor tickets from the same incident in Quebec for more than 2 years and I am yet to get a Court date. Are there any rights for the drivers against such a delayed trial ?


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Re: Delayed trial
PostPosted: Tue Apr 23, 2013 7:38 pm 
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I'd check your abstract to see if there's been any convictions relating to these offenses.

Delays aren't usually found in waiting for notice of trial letters. It's quite possible there's been a mistake somewhere in the process.


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Re: Delayed trial
PostPosted: Tue Apr 23, 2013 9:17 pm 
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Bend, I call them (the Court) every 3 months and they tell me that I didn't get a date yet. Last I called them was in Feb 2013.


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Re: Delayed trial
PostPosted: Tue Apr 23, 2013 10:52 pm 
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Joined: Fri Sep 30, 2011 8:42 am
Posts: 138
MANAS.MUKHOPADHYAY wrote:
Bend, I call them (the Court) every 3 months and they tell me that I didn't get a date yet. Last I called them was in Feb 2013.


Who knows if they are jerking your chain or blowing you off - take Bend's advice and check your abstract to see if you have a conviction for the offence.

If not, you're protected under the Charter 11(b) for unreasonable delay of trial... typically the delay becomes unreasonable if, because of the government, you're not granted a trial within 11 months of the offence date (seems to apply). In the meantime, check your abstract.

_________________
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


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Re: Delayed trial
PostPosted: Wed Apr 24, 2013 6:20 am 
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What is the process of checking the abstract ?


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Re: Delayed trial
PostPosted: Wed Apr 24, 2013 12:42 pm 
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Thanks Bend and Topcop, just called the Quebec Courthouse and they confirmed that I had a trial date back in Oct for 1 of the tickets. I never knew it but they dropped the charges for that one. The date for the other one is tomorrow, I already sent a request for postponement.

11(b) doesn't apply to the province of Quebec as it does for Ontario. Seems a delay of 2 yrs is normal in Quebec.

Rgds/Manas


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