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 ?
-
MANAS.MUKHOPADHYAY
- Newbie
- Posts: 8
- Joined: Wed Apr 17, 2013 2:50 pm
Delayed trial
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 ?
Re: Delayed trial
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.
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.
-
MANAS.MUKHOPADHYAY
- Newbie
- Posts: 8
- Joined: Wed Apr 17, 2013 2:50 pm
Re: Delayed trial
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.
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.
-
tdottopcop
- Member
- Posts: 138
- Joined: Fri Sep 30, 2011 8:42 am
Re: Delayed trial
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.
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
No, I do not work for Toronto Police...
... it is just a name folks
-
MANAS.MUKHOPADHYAY
- Newbie
- Posts: 8
- Joined: Wed Apr 17, 2013 2:50 pm
Re: Delayed trial
What is the process of checking the abstract ?
What is the process of checking the abstract ?
-
MANAS.MUKHOPADHYAY
- Newbie
- Posts: 8
- Joined: Wed Apr 17, 2013 2:50 pm
Re: Delayed trial
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
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
Similar Topics
Featured Topics
driving to US - questions
Planning on going to the US (NY from TO) for about a week, next year;
so some questions and points,
1> Do I need to get special cover from my insurance
2> My car speedo is in KM's , would it help to put a couple of stickers to note where the MPH limits are
3> IF I get a ticket, do I have to go back to NY, to deal with it?
4> If I ignore it can I be extradited or fined…
HTA 144(18.1) - photo evidence of "approaching" the intersection
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
RIDE program, your rights, weigh in
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Fail To Surrender Valid Permit for Motor Vehicle
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Underglow Lighting
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
can i represent my dad for red light camera violation
hi all,
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
thank you
144(18) - Alleged rolling stop on a red light.
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
bluetooth devices / cell phones / distraction
so I have a cell phone on a dash mount, (so I can see it)
I have a bluetooth handsfree in the visor.
If I'm driving, and the phone goes, if I press the button on the bluetooth device to take a call and just talk into the mic
Will you be ticketed ?
I think you can set it for auto or voice answer but my phone doesnt support that
Also I heard somewhere that you can't have the phone in sight ?
Is talking…
Confused about something
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
Grounds for appeal ?
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Me-OK i…
Quebec also has "Street Racing" legislation
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Jim Kenzie on truck Speed limiters
www.wheels.ca/Columnists/article/515144
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
notice of motion?
I received a ticket for 40 over in Mississauga, I called in to set a trial date, which is sometime in January.
THe other day I received a letter in the mail labelled as 'notice of motion'
it states that i go into court on the date specified ....
i do not understand what this is for...
any input?
Courts have lost jursdiction
In my case, the Crown stated that there was a defect on the Certificate of Offense and essentially the Courts have lost jursdiction.
What exactly does that mean?
Also, the Crown submitted a white form. Im not sure what that is.
Can someone explain what that form is?
Failure to stop for a school bus
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Next thing I…
Trial/disclosure strategy for Speeding ticket
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
deciding what to do
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
Slid into a car at intersection - Careless Driving.
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
Turn Not in Safety - Collision
Hi,
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
3 day suspension / roadside A
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
Golf carts
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
Disobey Sign - 182(2) - No signature on ticket?
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
An absolute nightmare
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
34 over in community safety zone - auto summons
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
passenger exit of vehicle
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
