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Re: When fighting a ticket, can they do this...?
Posted: Thu Sep 24, 2009 10:34 pm
by FiReSTaRT
Request trial, when you receive your trial notice, request disclosure. If the trial is more than a year from the offense date, you stand a good chance of getting off on 11b. If you don't receive the disclosure, at worst you get your case adjourned (thus boosting your chances of 11b) and at best you get it dismissed. If the cop doesn't show up, you get your case dismissed. If you get the disclosure, the court date is within a "reasonable" amount of time and the cop shows up, when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge 
Re: When fighting a ticket, can they do this...?
Posted: Thu Sep 24, 2009 10:56 pm
by apparently_speeding
FiReSTaRT wrote:when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge
Will I get a chance to say that before the judge makes a decision as to whether or not to accept the prosecutor's request?
Re: When fighting a ticket, can they do this...?
Posted: Thu Oct 01, 2009 9:42 am
by pch2004
The prosecutor can't request an amendment unless you plead "not guilty" and proceed to trial. So, yes -- you will be able to plead "guilty" before they have the opportunity to amend the charge. Might be a good idea for you to go to court one day and observe a trial. It helped me to understand how trials proceed.
11B Applications
Posted: Sat Oct 03, 2009 10:06 pm
by OTTLegal
Here is the information about doing an 11b application.
You have to prepare the application, file it properly, then argue it to the court against the prosecutor. Here is a link giving more information.
The delay has to be the fault of the prosecution, so you cant remand your case creating a delay, then try to argue an 11b application.