1. The offence number is 4860xxxxxxxA; 2. The date of the alleged offence is 2009/12/14; 3. The date set for trial is 2010/11/05; 4. The date the defendant requested complete disclosure is 2010/07/12; 5. The defendant received incomplete disclosure 2010/08/18; 6. The date the defendant requested complete disclosure is 2010/08/19; 7. The defendant did not receive disclosure until trial date 2010/11/05; 8. The defendant was told that there was no available trail date until 2011/06/02; 9. Another trial was set for 2011/06/02; 10. That the defendant has been prejudiced by the post charge delay in bringing this matter to hearing. Ticket is for failure to stop a stop sign. When requested full disclosure I first only got officers notes. Officer had said there was video/audio recording when he first approached my car and I re-request disclosure with this evidence. Arrived at trail and prosecutor had DVD which they presented to me. The next available date was June 2nd. I think this is just shy of 18months. Do I have grounds for stay of proceedings? Should I request a earlier court hearing to show attempts? Should I wait till 15 days before trail to file Form F4/11B? If not when should I send this in? How should this be delivered? Is there any tips on how to fight the charge HTA 136(1)(a)? Thanks for all the advice!

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Do I Have chance of successful 11b? HTA 136 (1)(a)

by: redcaesar on

16 Replies

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hwybear
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Re: Do I Have chance of successful 11b? HTA 136 (1)(a)

Police services don't receive any money from tickets....all goes to the municipality where the offence is issue. Municipality then can use the money as they see fit. Cash grab would be something you can not avoid paying for (gasoline, taxes, etc..) Traffic offences can easily be avoided by following the laws that are in place, therefore if one never breaks a law, there is no penalty or money to hand out.

Police services don't receive any money from tickets....all goes to the municipality where the offence is issue. Municipality then can use the money as they see fit.

Cash grab would be something you can not avoid paying for (gasoline, taxes, etc..) Traffic offences can easily be avoided by following the laws that are in place, therefore if one never breaks a law, there is no penalty or money to hand out.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
redcaesar
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Re: Do I Have chance of successful 11b? HTA 136 (1)(a)

Oh sorry yes the mancipality gets the money. But wait what is the biggest expense of the mancipality? That's right Police services. ***EDITED by Admin*** In 2009 there where about 500,000 HTA charges laid(p30)... at average $100 a ticket thats, $50,000,000 in income. And this is excluding any driving while impaired, any by-law charges. 1 ticket for every six people man/woman/child? http://www.torontopolice.on.ca/publicat ... report.pdf I'm not saying that they should give out tickets. There are many tickets that should be given. I am saying that the vast majority of tickets they do give out are for the purposes of filling these quotas. And they are soon going to be costing us more http://www.theglobeandmail.com/news/nat ... le2012160/

hwybear wrote:

Police services don't receive any money from tickets....all goes to the municipality where the offence is issue. Municipality then can use the money as they see fit.

Cash grab would be something you can not avoid paying for (gasoline, taxes, etc..) Traffic offenses can easily be avoided by following the laws that are in place, therefore if one never breaks a law, there is no penalty or money to hand out.

Oh sorry yes the mancipality gets the money. But wait what is the biggest expense of the mancipality? That's right Police services.

***EDITED by Admin***

In 2009 there where about 500,000 HTA charges laid(p30)... at average $100 a ticket thats, $50,000,000 in income. And this is excluding any driving while impaired, any by-law charges. 1 ticket for every six people man/woman/child?

http://www.torontopolice.on.ca/publicat ... report.pdf

I'm not saying that they should give out tickets. There are many tickets that should be given. I am saying that the vast majority of tickets they do give out are for the purposes of filling these quotas.

And they are soon going to be costing us more

http://www.theglobeandmail.com/news/nat ... le2012160/

FYST!

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