when fighting a ticket, can they do this...?

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FiReSTaRT
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by: FiReSTaRT on
Thu Sep 24, 2009 10:34 pm

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 8)
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


apparently_speeding
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by: apparently_speeding on
Thu Sep 24, 2009 10:56 pm

FiReSTaRT wrote:when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge 8)
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?


pch2004
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by: pch2004 on
Thu Oct 01, 2009 9:42 am

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.


OTTLegal
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by: OTTLegal on
Sat Oct 03, 2009 10:06 pm

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.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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