Questions! first speeding ticket! help me fight it!!

haiger
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Questions! first speeding ticket! help me fight it!!

Unread post by haiger on

hey guys!

So i got a speeding ticket of 85km on a 60km zone on september 2009. I got a trail date last year on October 2010. On the day of the court one of the guy had a ticket fighter with him and the ticket fighter took really long on fighting the case to the point where the judge had to shut him up and withdraw the case. Anyways, i was right after him. As soon as i went up and said my name, this is what the judge said to me "Due to that prosecutor needs a lunch break before the next trail, and lack of time i will adjure you to March 2011." So without me even asking for an adjournment i received one.

My question is what should i do now for me to increase my chance of winning this case? Can/Should i go in and file 11b?

Any help will be great!

thanks!


Stanton
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Unread post by Stanton on

That certainly is a sufficient period of time to request an 11b, assuming the delays were the results of the Crown and/or Courts and not at your request.


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Radar Identified
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Unread post by Radar Identified on

October trial date and they adjourned to March?? Wow, backlog!

If that was your first scheduled appearance, and this is your second, I agree with Stanton: File the 11B!
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


haiger
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Unread post by haiger on

yes this will be the second! i am going in tmr to file the 11b!

it will be my first time hope i can do it properly.....


haiger
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Unread post by haiger on

I am afraid that i do not have enough time to file 11B.. what should i do?


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Unread post by Radar Identified on

File it anyway. What date in March are you scheduled for?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


haiger
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Unread post by haiger on

Okay so this is what happened last week on the day of my trail.

So my second trail was scheduled on March 10th, 2011 at 10 am. When i showed up at 9 30am went up the stair to the courtroom and was checked and asked by the security which court room i was in (he was nice to tell everyone where the each courtrooms are) i told him E5 at 10am and he laughed and said you mean 10 30am because there is no 10am. Anyways he directed me to the courtroom and i looked through the list by the door and my name was not on the list. I started to wonder what is going on, therefore i went to ask the security on this matter and he said to wait for the prosecutor. so i waited 45 mins until 10 30am the prosecutor came and i was first in line, she asked for my name i told explained to her that my name is not on the list then she looked and me and said "then why are you here? i can not help you. you will need to go downstair to room 101 to ask them" then she sent me away. Before i went down to room 101 i checked all the scheduled appearing for the courtroom none had my name on it. I then went down to room 101 waited in line and explained what happened the clark search up my ticket and said i was suppose to be in at 9am that day. Therefore i missed my trail. So i explained to her in more detail on what happened and how i got this new court date. She then passed me two pieces of paper and told me to come in next week any day before 12 pm to reopen my case.

Now i am super confused on what i should be doing. I am going in tmr to file the form she gave me.

any comments will help!!!! thanks


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Simon Borys
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Unread post by Simon Borys on

So basically if you missed your trial you were convicted in abstentia under s. 9.1 of the Provincial Offences Act. Now you have to apply to reopen the case.
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haiger
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Unread post by haiger on

yes exactly,

what should i put for the reasoning to reopen my case?


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Unread post by Simon Borys on

Just what happened - that you attended at the time you were told and they told you it was at a different time. Essentially it's an officially induced error.
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haiger
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Unread post by haiger on

Okay after 3 hours spent at 1530 markhem this is my update!

I waited in like in suite 101 for nearly 40 mins or more, got sent up to the second floor to the intake room and waited there forever! but finally my name was called so i went into one of the intake rooms and spoke to a lady there. On her record it showed that i had three court dates with this ticket but i actually only had 2 (i missed the second one). I explained the situation and how the dates were wrong. She excepted my explanation and reopened my case. Then i waited some more to get a written notice for my trail, which is gonna be 13th October, 2011. So that gives me 7 more months on this ticket.

My question is what should i do next? Should i request another disclosure (i filed but never receive my disclosure yet for this ticket)? Also should i be filing 11b? if so, when should i file it?


thanks!


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Simon Borys
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Unread post by Simon Borys on

The delay between the court date you just missed and you next one is attributable to you so it doesn't count for the purpose of 11(b). Only the time attributable to the crown or the system counts for that.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


haiger
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Unread post by haiger on

I see, what about a disclosure?

thanks


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Radar Identified
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Unread post by Radar Identified on

Make another disclosure request. Make sure you emphasize, in the request, that it is your second request, and also note the date that you submitted your first one. Makes for a more convincing stay argument if the matter comes up.




* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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