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Motions for Charter 11(b) arguements
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PostPosted: Tue Jul 15, 2008 5:38 pm 
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Location: somewhere in traffic
Learned this one the hard way. There is a form 4F that needs to be filed to have this motion heard. Basically if the trial date for your ticket is more then nine months after the infraction you can file a motion that your right to a speedy trial was violated. You need to file the form (4F) witht he court 15 days before the trial date. My judge today wouldn't allow the arguement without the form.......to bad for me.

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PostPosted: Wed Jul 16, 2008 10:45 am 
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You don't have the Magma site memorized??

http://www.magma.ca/~fyst/appndxb.htm
Trial date scheduled more than 8 months away
The first thing I want to bring your attention to is your trial date and the offence date. Is the trial date scheduled more than 8 months away from the offence date? If no, skip this paragraph. If yes, you should know that if you have already changed your trial date multiple times, you would have waived your right to be tried promptly. But if the trial date is scheduled more than 8 months away through no fault of your own, then your right to a prompt trial (Charter of Rights and Freedoms, or Charter) may have been violated.

At least 15 days before the trial, file a form called "Notice of Constitutional Question" or something similar (FORM 4F, Courts of Justice Act). The purpose of this form is to give notice to the Crown that you wish to dispute the charge using Charter arguments. After you file the form, wait for the trial. At trial, when you are asked to enter a plea, state that "I ask that the charge be stayed on the grounds that my right to a prompt trial as guaranteed by the Charter has been violated, through no fault of my own, and that this unreasonable and undue delay has caused my inability to prepare a full answer to the charge and my inability to recall the details in the alleged offence due to such delay, and that such delay has caused lots of anxiety and stress to me for the past months". After you said the above statement, the court should dismiss the charge.

Click here for a sample of the Notice of Constitutional Question form. Replace the red text and modify the facts to suit your particular case. Send it to the addresses listed at the bottom of the form.


Anyway, I'm sure you had a thorough, multi-layered defence strategy that won the day anyway, right?? ;)


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PostPosted: Wed Jul 16, 2008 11:25 am 
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Nay, got too busy at work to amass the paper trail....now I know for next time.

Although, I didn't know that the fine amount went up. That was a little shocking. Almost like they went in dry........sizzle.

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