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HELP! prosecutor wants to change date
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PostPosted: Tue Nov 10, 2009 8:06 pm 
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ok so i got 3 pages in the mail today from the prosecutor's office stating that they want to change my court date from march 11 2010 up to feb 11 2010 saying that the officer is being moved to another detachment in ottawa 5hrs away and wont be able to make it on the original court date of march 11 2010.

For an order as follows.

1.Validation of service of this motion on the defendent by mail to ( me my address
2.Pursuant to section 85 of the provincial offences Act, abridgement of the time for service of the Notice of Motion and supporting affidavit required by Regulation 200 under the Courts of justice Act;
3.pursuant to Section 85 of the Provincial Offences Act, abridgment of the time for filing the motion with the court administration office required by Regulation 200 under the Courts of Justice Act;
4.Adjournment of the trial date set for March 11 2010. to 11 February, 2010 or as this Honourable Court deems fit and just.

And further take notice that in support of this application will be read the affidavit of Lorraine C. Given Legal Assistant, Office of the Provicial Offences Prosecutor for the County of Grey, and such other and further evidence as may be required.

then in page 3 it goes on how/where the officer is being moved to and that there is material evidence in this matter which is essentilal to to the prosecutions case
and how this motion is brought in advance and that they verily believe there would be no prejudice to the accused (me)

and finaly how they make this affidavit in support of a motion for an adjournment of the trial date, and for no other or improper purpose.

sorry for the long post, but what do i do now? go to the hearing on the 19 of november and say that i will be on a trip for feraury and that my schedual is allready full and i can only make it to the original court date of march 11 2010?

thanks in advance.

jim


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PostPosted: Tue Nov 10, 2009 10:27 pm 
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Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
If you have a trip planned then take in the paper work and show them. The crown cannot force you into their schedule. They set the original date and that is their problem. You don't have to rearrange your life for them. Go to the hearing and stress the inconvienence this will have on your life. What was the date of the offence, this may help.

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


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Crown Adjournment notice
PostPosted: Tue Nov 10, 2009 11:28 pm 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
I think you should speak to a knowledgeable paralegal as to how best deal with this motion.

It appears by your post that the prosecutor has properly applied for the change of date, but there are other issues about this that should not be posted in a public forum.

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


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PostPosted: Mon Nov 23, 2009 1:39 pm 
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Joined: Sun Oct 18, 2009 10:16 pm
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well had my day in court.. crown called me up first before i had a chance to talk to her... so i told the judge that i will be pre-dispossed with work on the date of the new court date and that i would like to speak to the crown first.

so i talked with the crown and said since the officer dropped it from 117 to 112 that she can't go 15 over. but would go with a disobey of sign and 2points down from 4 points and down from $233.to $85. so im happy i didnt have to pay someone $300 and i got it dropped......... always pays to go to court!!

thanks to everyone for the help

koboss
:shock:


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PostPosted: Mon Nov 23, 2009 5:49 pm 
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Posts: 959
Location: Guelph, Ontario
That is a pretty good result! Congrats on a good reduction.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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