What to include when filing a form 4F - a question
Hi,
Planning to file a form 4F today. Applying for a stay based on the length of time it has taken to get to court.
I have some case law from CANLII that shows the length of time from my ticket to my court sate violates my rights to a speedy trial (13 months).
Here's the question...do I submit the case law with the form 4F or do I hold it until I get to argue for the stay once in court. Please advise, I have no lawyer and don't want issues with the way I file this if at all possible.
Thanks!
Re: What to include when filing a form 4F - a question
You will likely not be successful in seeking a stay.
The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-c ... 7/index.do) that unreasonable delay is 18 months in provincial trial courts.
If it has been less than 18 months between the offence date and the trial date, the burden is on you to show that the delay is unreasonable. You must show that you took "meaningful steps that demonstrate a sustained effort to expedite the proceedings" and "the case took markedly longer than it reasonably should have."
"Absent these two factors, the s. 11(b) application must fail. Stays beneath the presumptive ceiling [of 18 months] should only be granted in clear cases."
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Exemption for pressing buttons
14.…
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that…
Hi everyone,
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
Hello,
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
