I know this is late but what the heck if anyone can help much appreciated! I have a trial set for tommorow speeding 72 in a 50. ticket was issued on the 22 of aug 2010 trail date is aug 24 2011. I am very new to all this waht options do I have i just found out about these disclosure motions etc as i told a friend i was gonna ask the justice to drop it due to the length of time it has taken...he started to laugh does any one have any advise? Should I ask for a re trial and than file for disclosure should i ask to have it thrown because of the lenght in time any help or thought would help me and be very much appreciated
I know this is late but what the heck if anyone can help much appreciated!
I have a trial set for tommorow speeding 72 in a 50. ticket was issued on the 22 of aug 2010 trail date is aug 24 2011.
I am very new to all this waht options do I have i just found out about these disclosure motions etc as i told a friend i was gonna ask the justice to drop it due to the length of time it has taken...he started to laugh does any one have any advise?
Should I ask for a re trial and than file for disclosure
should i ask to have it thrown because of the lenght in time
any help or thought would help me and be very much appreciated
It looks like your only options at this point are to either request an adjournment in order to request disclosure OR to request a stay because of the delay. Print a couple copies of this case: http://www.canlii.org/en/on/oncj/doc/20 ... cj150.html Because you'll be making your 11B motion at trial, the prosecutor will likely go nuts in trying to prevent you from doing so by referencing the Courts of Justice act. The case at that URL is an appeal wherein the defendant was allowed to make the 11B motion at trial. I have heard that this appeal is being appealed though, so it may or may not work. If I were in your situation, I would first make the 11B motion to stay, and if that didn't work, I would then make a second motion to adjourn for disclosure. Just make sure you don't say "guilty" or "not guilty" as that will start the trial.
It looks like your only options at this point are to either request an adjournment in order to request disclosure OR to request a stay because of the delay.
Because you'll be making your 11B motion at trial, the prosecutor will likely go nuts in trying to prevent you from doing so by referencing the Courts of Justice act. The case at that URL is an appeal wherein the defendant was allowed to make the 11B motion at trial. I have heard that this appeal is being appealed though, so it may or may not work.
If I were in your situation, I would first make the 11B motion to stay, and if that didn't work, I would then make a second motion to adjourn for disclosure. Just make sure you don't say "guilty" or "not guilty" as that will start the trial.
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