Hi all, I had a court date where, with about 45 minutes left to go and me being the last person (and only one requesting a trial), the judge decided that he had been sitting there too long and made me go with a new date. I was ready to proceed and stated as much, and requested that the case be dismissed, but the judge said that since it wasn't something which was charged to the prosecution that this wouldn't happen. Unfortunately it's only been 6 months (Mid october -> mid April) so far, and my new court date is set 3 months from now (about 9 months from the offense). Could I get away with an 11b application? Do I have any recourse? I took the entire day off to defend myself, it really sucks to have to go through the process of waiting patiently for 3h again. Thanks
Hi all,
I had a court date where, with about 45 minutes left to go and me being the last person (and only one requesting a trial), the judge decided that he had been sitting there too long and made me go with a new date. I was ready to proceed and stated as much, and requested that the case be dismissed, but the judge said that since it wasn't something which was charged to the prosecution that this wouldn't happen. Unfortunately it's only been 6 months (Mid october -> mid April) so far, and my new court date is set 3 months from now (about 9 months from the offense). Could I get away with an 11b application?
Do I have any recourse? I took the entire day off to defend myself, it really sucks to have to go through the process of waiting patiently for 3h again.
The court (i.e. the justice) has discretion to adjourn the trial to another date, and the court exercised that discretion in your case. Having said that, your objection to adjourning the trial will help you in the future if you decide to bring an 11b application. It will be shown on court records and transcript that you wanted the trial completed as soon as possible. You can explain how the delay has impacted your life and inconvenienced you in a future 11b application. However, the courts are applying a new framework set out in a relatively recent decision by the Supreme Court (R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631: https://scc-csc.lexum.com/scc-csc/scc-c ... 7/index.do), where the time has been set to 18 months for unreasonable delay. So you may not be successful in bringing an 11b application after only 9 months.
The court (i.e. the justice) has discretion to adjourn the trial to another date, and the court exercised that discretion in your case.
Having said that, your objection to adjourning the trial will help you in the future if you decide to bring an 11b application. It will be shown on court records and transcript that you wanted the trial completed as soon as possible. You can explain how the delay has impacted your life and inconvenienced you in a future 11b application.
However, the courts are applying a new framework set out in a relatively recent decision by the Supreme Court (R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631: https://scc-csc.lexum.com/scc-csc/scc-c ... 7/index.do), where the time has been set to 18 months for unreasonable delay. So you may not be successful in bringing an 11b application after only 9 months.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
