Hi Everyone, I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure The second court date no video disclosure, I asked the judge to dismiss the case, since I asked for disclosure numerous time, the Judge asked me to show the persecutor the evidence of my disclosure request, I did. The persecutor interrupts and set a new court date. What are my options? What is your advice for the next step, should I file for 11B motion? Thank you,
Hi Everyone,
I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
The second court date no video disclosure, I asked the judge to dismiss the case, since I asked for disclosure numerous time, the Judge asked me to show the persecutor the evidence of my disclosure request, I did. The persecutor interrupts and set a new court date. What are my options? What is your advice for the next step, should I file for 11B motion?
You need to file a charter motion for a section 7 (not 11b). It must be filed at least 15 days before the trial date AND you must notify both the Ontario and Canadian Attorney General's office. Best way to do this (fastest and cheapest) is to fax it (use Staples if you don't have your own fax). So if you have not received the video 3 weeks before your next trial date, then you should file the motion right away. If they show up with the video by the trial date, then your motion will not succeed and the trial will continue. If they do NOT have the video by the trial date, then it should succeed and charge dropped.
You need to file a charter motion for a section 7 (not 11b). It must be filed at least 15 days before the trial date AND you must notify both the Ontario and Canadian Attorney General's office. Best way to do this (fastest and cheapest) is to fax it (use Staples if you don't have your own fax).
So if you have not received the video 3 weeks before your next trial date, then you should file the motion right away. If they show up with the video by the trial date, then your motion will not succeed and the trial will continue. If they do NOT have the video by the trial date, then it should succeed and charge dropped.
Where can I get charter motion for a section 7 form. So if you have not received the video 3 weeks before your next trial date, then you should file the motion right away. Is this 11b? Thanks
Where can I get charter motion for a section 7 form.
So if you have not received the video 3 weeks before your next trial date, then you should file the motion right away.
No I am still talking about the section 7 not the 11b. An 11b is charter motion for unreasonable delay (right to speedy trial), meaning your trial took more than 10 months. I have not filed a section 7 motion before. All I can suggest is that you look at the 11b motion and sort of use that as a guideline on how to do the section 7 one.
No I am still talking about the section 7 not the 11b. An 11b is charter motion for unreasonable delay (right to speedy trial), meaning your trial took more than 10 months.
I have not filed a section 7 motion before. All I can suggest is that you look at the 11b motion and sort of use that as a guideline on how to do the section 7 one.
What was the date you requested a trial... the count does not start until you ask for trial, so if you did early resolution first then that does not count. What is the date of your next court date? And can you confirm that the first two trials where adjourned because of failure to have disclosure?
What was the date you requested a trial... the count does not start until you ask for trial, so if you did early resolution first then that does not count.
What is the date of your next court date?
And can you confirm that the first two trials where adjourned because of failure to have disclosure?
What was the date you requested a trial.. June 23rd, 2015 What is the date of your next court date? Aug 4th. 2016 And can you confirm that the first two trials where adjourned because of failure to have disclosure? Correct Still waiting to be contacted to get video disclosure, Do I file for 11b Thanks,
What was the date you requested a trial.. June 23rd, 2015
What is the date of your next court date? Aug 4th. 2016
And can you confirm that the first two trials where adjourned because of failure to have disclosure? Correct
Still waiting to be contacted to get video disclosure, Do I file for 11b
So yes it sounds like an 11B would be succesful. You only have 16 days until trial, and you need to file it 15 days before trial. This means that you MUST file no later than tomorrow (by about 3pm to be safe), and the only way you can do this is the FAX method because if you send it registered mail to attorney generals office then they are not considered notified until they receive it and that would be less than the 15 days required notice.
So yes it sounds like an 11B would be succesful.
You only have 16 days until trial, and you need to file it 15 days before trial. This means that you MUST file no later than tomorrow (by about 3pm to be safe), and the only way you can do this is the FAX method because if you send it registered mail to attorney generals office then they are not considered notified until they receive it and that would be less than the 15 days required notice.
Now the only other consideration is the dates that the trials were set... So, as an example, let's say at the first trial was Aug 1, 2015 and at this trial you were offered a new date of Oct 1, 2015 but then YOU said I can not do that, how about Nov 1, 2015. In this case the delay from Aug 1 to Oct 1 would be counted but the delay from Oct 1 to Nov 1 would not be counted as that was YOUR delay. You can only count delays caused by the prosecution, not delays that you caused. The time requirement is around 10 months, so since it is about 13.5 months total, as long as 3.5 months of delay is not attributed to you, then you should be succesful. I have personally not filed an 11B before, so maybe somebody else can confirm if you need to have transcripts of the first two trial dates available or not?
Now the only other consideration is the dates that the trials were set...
So, as an example, let's say at the first trial was Aug 1, 2015 and at this trial you were offered a new date of Oct 1, 2015 but then YOU said I can not do that, how about Nov 1, 2015. In this case the delay from Aug 1 to Oct 1 would be counted but the delay from Oct 1 to Nov 1 would not be counted as that was YOUR delay. You can only count delays caused by the prosecution, not delays that you caused.
The time requirement is around 10 months, so since it is about 13.5 months total, as long as 3.5 months of delay is not attributed to you, then you should be succesful.
I have personally not filed an 11B before, so maybe somebody else can confirm if you need to have transcripts of the first two trial dates available or not?
I did delay it only once from May 11, 2016 to June 13th, 2016, excluding my delay, it will be a total of 13+ month delay caused by the prosecution. The court clerk don't know much about the case, she told I sent the request for disclosure before my trial date, which wasn't true, She didn't know how may disclosure request I sent.
I did delay it only once from May 11, 2016 to June 13th, 2016, excluding my delay, it will be a total of 13+ month delay caused by the prosecution. The court clerk don't know much about the case, she told I sent the request for disclosure before my trial date, which wasn't true, She didn't know how may disclosure request I sent.
They wouldn't say anything but they keep the records of what happened in court. They will write notes on each matter so the justice can know what went before.
They wouldn't say anything but they keep the records of what happened in court. They will write notes on each matter so the justice can know what went before.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
The person that works the desk at the office is just an office worker. Sometimes they are extremely helpful and sometimes they are extremely unhelpful. The "prosecutor" (not the persecutor) is the lawyer that stands up in court to argue against you. The "clerk of the court" is the person in court that does the recording and reads the charges out.
The person that works the desk at the office is just an office worker. Sometimes they are extremely helpful and sometimes they are extremely unhelpful.
The "prosecutor" (not the persecutor) is the lawyer that stands up in court to argue against you.
The "clerk of the court" is the person in court that does the recording and reads the charges out.
To clarify further , i am new to all theses There was 2 person facing the audience, the JP, the clerk of the court clerk ( wearing a gown) then the prosecutor and myself facing he JP, in my case the prosecutor seems to be a clerk not a lawyer. Thanks,
To clarify further , i am new to all theses
There was 2 person facing the audience, the JP, the clerk of the court clerk ( wearing a gown)
then the prosecutor and myself facing he JP, in my case the prosecutor seems to be a clerk not a lawyer.
I wouldn't pay attention to much of what Ticket Combat has to say. In the latest appointment for JPs in Ontario, quite a few of them were lawyers. The prosecutor is a lawyer that works for the municipality as well.
I wouldn't pay attention to much of what Ticket Combat has to say. In the latest appointment for JPs in Ontario, quite a few of them were lawyers.
The prosecutor is a lawyer that works for the municipality
Personally if I was in your situation I would file two motions: 1. 11B under the charter for unreasonable delay 2. section 7 under the charter, failure to provide disclosure With these two motions it would be extremely hard to believe that crown would continue to proceed, they don't have the time to deal with this much headache and would simply move on to the next case. Out of curiosity, which courthouse is this?
Personally if I was in your situation I would file two motions:
1. 11B under the charter for unreasonable delay
2. section 7 under the charter, failure to provide disclosure
With these two motions it would be extremely hard to believe that crown would continue to proceed, they don't have the time to deal with this much headache and would simply move on to the next case.
Ah, the famous jsherk defence.......hey, it's worked for him.
Observer135 wrote:
Personally if I was in your situation I would file two motions:
1. 11B under the charter for unreasonable delay
2. section 7 under the charter, failure to provide disclosure
With these two motions it would be extremely hard to believe that crown would continue to proceed, they don't have the time to deal with this much headache and would simply move on to the next case.
Ah, the famous jsherk defence.......hey, it's worked for him.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
I prepared 11b document, 6 copies form requesting stay of proceeding, stamped by the attorney general of Canada and Ontario, I went to court ( Markham location) stamped by the court office and prosecutor office, I left each one a copy. I prepared a folder with 6 tabs, notice of application, sworn statement,copy of the ticket, notice of trial, copy of the supreme court of Canada's decision in Askov v. R. , copy of the supreme court of Canada decision in R. v. Morin. The procesutor and the crown knew I am filing 11b. The JP ask me If 11b is not accepted, am I ready for a trial, I said no since I didn't receive a video disclosure. I explain that this is my third court apperance with no disclosure the crown is delaying the proceeding since they didn't provide a disclosure. Also they needed me to have 3 copies of the folder, one for JP , one for Procesutor and another one for myself JP asked me if I have a transcript of previsous court apperance, I said no. JP didn't accept the motion, to make thing worst the officer showed up with the video. So the trial is adjoured again. I went to the court office to get a transcipt , it will cost about $150 to get three copies of the transcript. I am screwed either way.
I prepared 11b document, 6 copies form requesting stay of proceeding, stamped by the attorney general of Canada and Ontario, I went to court ( Markham location) stamped by the court office and prosecutor office, I left each one a copy.
I prepared a folder with 6 tabs, notice of application, sworn statement,copy of the ticket, notice of trial, copy of the supreme court of Canada's decision in Askov v. R. , copy of the supreme court of Canada decision in R. v. Morin. The procesutor and the crown knew I am filing 11b.
The JP ask me If 11b is not accepted, am I ready for a trial, I said no since I didn't receive a video disclosure. I explain that this is my third court apperance with no disclosure the crown is delaying the proceeding since they didn't provide a disclosure. Also they needed me to have 3 copies of the folder, one for JP , one for Procesutor and another one for myself
JP asked me if I have a transcript of previsous court apperance, I said no. JP didn't accept the motion, to make thing worst the officer showed up with the video. So the trial is adjoured again.
I went to the court office to get a transcipt , it will cost about $150 to get three copies of the transcript. I am screwed either way.
Yes I think JP needs previous transcripts in order to calculate the time and make sure that it took too long. You can still file another 11b for the next court appearance, you just need the transcripts from all previous appearances and the one you just had. This will help your 11b though since the delay is again because the prosecution only provided you the disclosure at this last appearance, so you still need time to prepare. But if you were at the 11b time frame already, then even if this last delay is not counted against, you should still win next time (as long as you have copies of transcripts). Did they give you a copy of video or only let you watch it? In my opinion, if they did not give you a copy, then they still have not fulfilled their obligation to disclose it to you.
Yes I think JP needs previous transcripts in order to calculate the time and make sure that it took too long.
You can still file another 11b for the next court appearance, you just need the transcripts from all previous appearances and the one you just had.
This will help your 11b though since the delay is again because the prosecution only provided you the disclosure at this last appearance, so you still need time to prepare. But if you were at the 11b time frame already, then even if this last delay is not counted against, you should still win next time (as long as you have copies of transcripts).
Did they give you a copy of video or only let you watch it? In my opinion, if they did not give you a copy, then they still have not fulfilled their obligation to disclose it to you.
Did they give you a copy of video or only let you watch it? In my opinion, if they did not give you a copy, then they still have not fulfilled their obligation to disclose it to you.
I would agree with this.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
They did gave me a copy fo the video, as well as I watched with the prosecutor. If the JP don't accept 11b, then I will have to go to trial on the spot, they what I was told last time. There is a risk , I will have to pay $$$ for the transcripts which is more than the ticket itself, and there is no guarrantee.
They did gave me a copy fo the video, as well as I watched with the prosecutor. If the JP don't accept 11b, then I will have to go to trial on the spot, they what I was told last time.
There is a risk , I will have to pay $$$ for the transcripts which is more than the ticket itself, and there is no guarrantee.
There will probably be an increase in insurance that will cost more than the trsanscripts. And yes true, there is never a guanrantee. But win or lose, I always look at it as "investing in my legal education".
There will probably be an increase in insurance that will cost more than the trsanscripts. And yes true, there is never a guanrantee. But win or lose, I always look at it as "investing in my legal education".
Its the government that is wasting the taxpayers money, not those that are standing up to fight for their rights (innocent until proven guilty, right to a fair trial).
Its the government that is wasting the taxpayers money, not those that are standing up to fight for their rights (innocent until proven guilty, right to a fair trial).
How is the government wasting money if 'they' are laying charges that are correct. The concept of innocent until proven guilty is supposed to protect the innocent. If you know you committed the offence yet play games with the court process to try to get off then it is absolutely you that is wasting the tax payers resources.
How is the government wasting money if 'they' are laying charges that are correct. The concept of innocent until proven guilty is supposed to protect the innocent. If you know you committed the offence yet play games with the court process to try to get off then it is absolutely you that is wasting the tax payers resources.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Same argument round and round... If they were actually charging people with real crimes or things that were actually unsafe, then that would be one thing. But when the majority of provincial offences are paperwork crimes or pre-crime then those are not really crimes at all, and are simply revenue generation. The concept of innocent until proven guilty is exactly that... you are not guilty of anything until it has been proven.
Same argument round and round... If they were actually charging people with real crimes or things that were actually unsafe, then that would be one thing. But when the majority of provincial offences are paperwork crimes or pre-crime then those are not really crimes at all, and are simply revenue generation.
The concept of innocent until proven guilty is exactly that... you are not guilty of anything until it has been proven.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
