Disobeyed a sign? Need some advice please...

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Radar Identified
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Re: Disobeyed a sign? Need some advice please...

by: Radar Identified on
Fri Feb 18, 2011 8:38 pm

I'd leave the phone # in. If they fail to provide the disclosure, if you provided your contact information and asked them to contact you if more detail/info is needed, this helps... particularly in front of the JP.
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karent
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by: karent on
Thu Jun 02, 2011 2:17 pm

So I had my trial and I decided to plea not guilty. The judge said that he'd have to have me come back as there is no time for my trial today. So, he's set a trial date for me. From the date I got charged, to the date of my trial will be 19 months. Can I file for an 11b? An 11b is where my right to a speedy trial has been violated right? Is it better to do that, than fight the charge ?


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by: karent on
Thu Jun 02, 2011 2:32 pm

to find out about highway signs in Toronto? I want to find out what the intention of a sign found on the exit ramp of the 401, as it is very confusing?




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Simon Borys
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by: Simon Borys on
Thu Jun 02, 2011 4:28 pm

You do both. Usually you file the 11(b) and it is scheduled to be heard the day of trial. So if you're unsuccessful with that, the trial proceeds as normal. If they can't fit it in on the day of, they will schedule it for an earlier date to be heard separately. Again, if you lose then, trial proceeds as normal.
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by: Radar Identified on
Thu Jun 02, 2011 8:27 pm

Also would like to mention... if the 11B fails (which, in your case, is unlikely if the paperwork is properly done) the Prosecutor may still offer to resolve it without a trial on the actual charge itself. With the back log in the Toronto court system, if the Prosecutor sees an 11B motion and it is 19 months delay, you're looking at a very good chance they will simply withdraw. Just make sure that you order court transcripts from your appearance today, and include them in your 11B filing.
* 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


karent
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by: karent on
Fri Jun 03, 2011 7:52 pm

Thank you Simon and Radar Identified.
So I just want to make sure. I went to court and they asked me how I would plea. I said, "not guilty". The judge says that there is no time to hear the case, and I'd have to come back x date. So the OFFENCE committed date to my trial date is a total of 19 months. So that's grounds for an 11b right?
Also how do I order court transcripts?


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by: Simon Borys on
Sun Jun 05, 2011 12:59 pm

19 months delay is likely grounds for an 11(b) if the delay is attributable to the crown or institutional. Procedure for ordering transcripts varies from jurisdiction to jurisdiction. You'll have to contact them for more info.
http://www.boryslaw.ca
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