Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Over 1 year since charge and no trial? 11B?
Author Message
PostPosted: Mon Feb 27, 2012 1:02 am 
Offline
Newbie

Joined: Mon Feb 27, 2012 12:26 am
Posts: 1
Hi Guys,

So I was in court on the 8th of February for my speeding ticket trial, for which I was charged on the 10th of January 2011. I have read that I have a good 11B defense as more than a year has past since I was charged, but heres the twist. When I had scheduled the trial, the clerk insisted I schedule a first attendance with the prosecutor. That was scheduled for the 15th of May 2011 but I did not attend, as I really just wanted to fight the ticket in court (its my first ticket). Now, my question is - does my 11B defense time start on the day I was charged, or the day of my first attendance?

Background Info:

When I was in court on the 15th, I intended to plead 11B but found out before the Judge there and then that there was a procedure that must be followed before the 11B can be heard in court. The prosecutor was very rude and said I had no basis as its only been 8 months since my first attendance and 8 months was not enough for a 11B regardless. I had no representation, and for that sole reason the judge allowed the trial to be adjourned to the 29th of February, in order for me to file the documents for the 11B. Side Note: the officer was outside the court room as I was infront of the judge. Does that mean he didn't intend to stand up for his tickets? I believe there was a call made out to him but he still didn't come in.

On the 16th of February, I followed the numerous threads on this forum on how to file a 11B. Everything has been done, and I have also ordered the transcript of my last trial. I have faxed the Attorney General of Ontario and Canada the copy of my Notice of Application of Stay of Proceedings but do not have any fax receipts, I do however have commissioned Affidavits of Service. I sent the faxes via a local small business and they didn't provide me with the fax receipts.. Are the Affidavits sufficient enough?

ALL REPLIES ARE MUCH APPRECIATED! ANY ADVICE FOR ME IN COURT?

THANKS IN ADVANCE!


Top
 Profile  
 
Re: Over 1 year since charge and no trial? 11B?
PostPosted: Mon Feb 27, 2012 3:05 am 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
i had a similar situation during my trial, where the crown argued that i formed my intentions to go to trial at the First Attendance meeting... so that's where my 11b clock was supposed to start

however you need to stand your ground, and argue that the date you filed your tickets at the sardine-office was the date you formed your intentions to go to trial and that the First Attendance was just merely part of the trial process to seek a speedy-remedy to your charge w/o going to trial

you have to convince the JP of this


Top
 Profile  
 
Re: Over 1 year since charge and no trial? 11B?
PostPosted: Tue Feb 28, 2012 3:12 pm 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
The onous is on the crown to get the trial scheduled within 11 months of the ticket being issued. There is plenty of case law, here on the site that pertains to this very subject......... how you do this in court is up to you. Remember though, that you are not a lawyer and you don't need all the fancy jargon, just bring a copy of the CANLII documents, if possible siting the cases mentioned here. Try to make your points as clear as possible.<< this is advice, I am not a lawyer.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
Re: Over 1 year since charge and no trial? 11B?
PostPosted: Wed Feb 29, 2012 1:58 am 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
I agree that courts are more lenient towards unrepresented people bringing 11(b) applications, but you have to realize that they are not simple applications to argue. The reason being that the math is not simple. It's not just a question of how much time has passed, or even how much time has passed that is attributable to the defence. There's more subtlety that goes into the calculations of delay. And then there's the issue of prejudice that everybody seems to forget about, but the Supreme Court was quite clear in R v Godin (2009) is crucial.

With respect to the delay calculations, for example, every case has a period of time from the date the charge is laid to the time the clock starts that is known as the intake period. That period of time is considered neutral and doesn't count towards 11(b) delay. Intake periods are around 1-2 months depending on the complexity of the case and the way the JP chops it up. How much time in your case was neutral intake? Who knows, but that's the kind of thing that makes it not so cut and dry.

Another example, there's a 2011 case from the Ontario Superior Court (R v Lahiry) which basically says that defence counsel are not ready to actually conduct the trial on the date they set the trial date, so the clock shouldn't start running right then either. Based on this reasoning a judge can chop some more time out of your 11(b) argument.

All of these points, as well as the prejudice issue, are open to debate and argument, which is why, again, I say that it's not that simple. I'm not trying to discourage you from attempting this yourself, may people here have been successful doing so, but I just don't want anybody to underestimate what they're getting into and not be prepared.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: Over 1 year since charge and no trial? 11B?
PostPosted: Tue Oct 23, 2012 1:43 pm 
Offline
Jr. Member

Joined: Tue Jan 10, 2012 5:16 pm
Posts: 41
I just won my case using 11b. It was quite easy. Just file it in time an get all the party stamp the application.
The funny thing in the court was the prosecutor said they never received it but their stamp was on the first page.
Also i sent 2 requests for disclosure and i did not get any. In the court the prosecutor send the officer to bring me his notes.
So there he comes with the notes and handing it to me outside the court room. I just said i don't have time to read it now and i like the notes to be given to me before the judge.The officer agreed. The prosecutor was very nasty and rude as usual i guess. When it came time to argue the 11b she just dropped all the charges.
I gave them no chance . 11b submitted in time and no disclosure-sure enough.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. 30 over last year, trial coming up, got another ticket recen

2pat

4

352

Mon Feb 22, 2016 6:42 pm

jsherk View the latest post

There are no new unread posts for this topic. Police charge 85-year old Ontario man for street racing.

admin

1

2131

Fri Jan 04, 2008 5:34 pm

admin View the latest post

There are no new unread posts for this topic. 11B Trial Preparation

Jerry1010

8

920

Thu Aug 23, 2012 7:59 pm

Jerry1010 View the latest post

There are no new unread posts for this topic. Do I have a case for 11b? (trial was adjourned)

keenb

0

635

Tue Oct 29, 2013 4:26 pm

keenb View the latest post

There are no new unread posts for this topic. Filed an 11b..now what to expect on trial date?

mmim

1

511

Wed Dec 14, 2011 11:54 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Justice adjourned; trial is 14 month from offence date. 11b?

notxcopper

1

629

Wed May 28, 2014 4:11 pm

iFly55 View the latest post

There are no new unread posts for this topic. notice of trial - insufficient charge?

thedude

2

561

Fri Feb 14, 2014 4:53 pm

thedude View the latest post

There are no new unread posts for this topic. Careless Charge - Missed Trial

Nowisthetime

0

879

Tue Jun 24, 2014 11:27 am

Nowisthetime View the latest post

There are no new unread posts for this topic. Help me prepare for Speeding charge Trial *Pics and Maps ins

roadrunner17

5

829

Mon May 05, 2014 1:02 pm

Stanton View the latest post

There are no new unread posts for this topic. 10+++++ YEAR OLD TICKETS

57chevy

0

516

Thu Jun 28, 2012 9:58 pm

57chevy View the latest post

There are no new unread posts for this topic. Court Date 1+ year old

jamesjones

3

744

Fri Aug 27, 2010 10:04 pm

Reflections View the latest post

There are no new unread posts for this topic. 10 year old speeding ticket

kyros

5

2547

Mon Mar 07, 2011 1:38 pm

OPS Copper View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.