I received a ticket in November of 2010 under Sec 144 (18). I was waiting in line to make a left turn and was second in line (there was one car ahead of me). I could see the cop on the opposite side approaching the intersection. When the light changed from green to amber, the car in front of me made a left and so did I. I believe I was past the white line and thought it was safe to make the left turn. The police officer obviously did not think so and gave me a ticket under section 144 (18) for failing to stop at a red light (proceeding before green). Anyway I went to court the next day and requested a trial. In August of 2011 I received a notice of conviction in the mail saying I had missed my trial and was convicted. Apparently I had missed the court date but through no fault of my own so I went to court the next day and had to go infront of a judge. He reopened my case for me and I was given another hearing for June 2012! I wasn't aware that I could request a notice of disclosure so I did not do that. Anyway upon doing some research I realized that I could cite section 11 (b) which I did at the court hearing. The prosecutor argued this and gave me a really hard time. Anyway the judge granted me an adjournment and said I could file a motion, and gave me another court hearing for mid July 2012. At this point, I have researched how to file an 11 (b) and will file a motion. In addition, is it too late or unreasonable at this point in time to request a notice of disclosure? Any other help/advice that anybody can offer? What if I go to my trial in July and the judge and the prosecutor both do not accept the 11 (b). What happens then? Also, it will be the same judge and the prosecutor at the trial right? I have a very strong feeling that the prosecutor will give me a SUPER HARD time:(. The judge seemed really nice though.
I received a ticket in November of 2010 under Sec 144 (18). I was waiting in line to make a left turn and was second in line (there was one car ahead of me). I could see the cop on the opposite side approaching the intersection. When the light changed from green to amber, the car in front of me made a left and so did I. I believe I was past the white line and thought it was safe to make the left turn. The police officer obviously did not think so and gave me a ticket under section 144 (18) for failing to stop at a red light (proceeding before green).
Anyway I went to court the next day and requested a trial. In August of 2011 I received a notice of conviction in the mail saying I had missed my trial and was convicted. Apparently I had missed the court date but through no fault of my own so I went to court the next day and had to go infront of a judge. He reopened my case for me and I was given another hearing for June 2012! I wasn't aware that I could request a notice of disclosure so I did not do that. Anyway upon doing some research I realized that I could cite section 11 (b) which I did at the court hearing. The prosecutor argued this and gave me a really hard time. Anyway the judge granted me an adjournment and said I could file a motion, and gave me another court hearing for mid July 2012.
At this point, I have researched how to file an 11 (b) and will file a motion. In addition, is it too late or unreasonable at this point in time to request a notice of disclosure? Any other help/advice that anybody can offer? What if I go to my trial in July and the judge and the prosecutor both do not accept the 11 (b). What happens then? Also, it will be the same judge and the prosecutor at the trial right? I have a very strong feeling that the prosecutor will give me a SUPER HARD time:(. The judge seemed really nice though.
if they don't accept your 11 (b) motion at pre-trial, you will simply go straight to trial; the consequences maybe that the prosecutor won't plea-bargain with you at this point how are you calculating your 11 (b) delay?
if they don't accept your 11 (b) motion at pre-trial, you will simply go straight to trial; the consequences maybe that the prosecutor won't plea-bargain with you at this point
Well I received the ticket in November 2010. The original trial date was set for August 2011 (the notice I did not receive). The case was reopened in August 2011 (I went in the very next day of receiving my conviction notice) and the next trial date I received was for June 2012. Isn't this sufficient to file an 11(b)?
Well I received the ticket in November 2010. The original trial date was set for August 2011 (the notice I did not receive). The case was reopened in August 2011 (I went in the very next day of receiving my conviction notice) and the next trial date I received was for June 2012. Isn't this sufficient to file an 11(b)?
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