Help - Section 74(1) No Clear View to the Front

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Radar Identified
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by: Radar Identified on
Fri Jan 22, 2010 5:12 pm

Congratulations! Nice work. :D
* 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


viper1
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by: viper1 on
Fri Jan 22, 2010 10:14 pm

Frozenover wrote:I just wanted to provide a final update to this thread since I hate how many other threads end the day before court and we never get to find out how things ended up.

Yesterday I arrived in court prepared to do battle arguing legal points before the Justice. I was ready with:

1 An 11b Motion to stay due to unreasonable delay.
2) A Motion to Quash the ticket based on the ticket being on an old form.
3) A Motion of “Non Suit” based upon the expected testimony.
4) A prepared list of questions.
5) A prepared closing statement.
6) Copies of various cases to prove my points.

I walk into the court room and approach the crown to let him know I was there and to see if I can get my case dealt with earlier in the day. The Crown pulls my file, quickly reviews it then states “we are going to be with drawing the charges”. I WIN!

I hope that they withdrew the charges as a result of my 11b application, but my win felt very anti-climatic, I was keyed up for a battle. I wanted to win because of a motion I made and the work I put into being prepared.

Of course I’m thrilled that I won, and I know that if I had to sit in court for a few more hours before I got my turn I would have wished for the outcome that I actually got. Not to mention everybody else sitting in the court room wishing that they could be as “lucky” as I was. Strange but somehow I felt cheated by how it came about.

If I had to do it again for a minor charge I would probably request a trial, and file for disclosure, but would come to court prepared to take a deal from the crown. It feels like the process of going to trial is a punishment and your better of to just take the deal and get it over with.

Anyways I just wanted to thank everybody for there help and making this such a great site. I learned a lot and plan to stick around and add my 0.02 on other peoples problems.
Good work.

You probably clean your windows now too.(great)

I think you learned a lot from this experience.

If you had watched for the 3 hours you would have gotten to see how others did it.(or not)

Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"


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