Hello, Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to attend university in August, and is working full time through the summer an cannot take time off. Is there anything she can do (there is a date the motion will be brought before the court noted on the notice) to have the current date stick? In all likelihood, if the date is changed and there is a further delay, she will want to take a plea bargain as she needs this behind her and it will be so expensive for her to miss work or return at a later date. Any chance the prosecutor dealing with the motion next week will be open to offering the plea bargain again at this time? Is there a best way to ask for it? Our representative cannot make the motion date and time. Thank you for the assistance.
Hello,
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to attend university in August, and is working full time through the summer an cannot take time off.
Is there anything she can do (there is a date the motion will be brought before the court noted on the notice) to have the current date stick?
In all likelihood, if the date is changed and there is a further delay, she will want to take a plea bargain as she needs this behind her and it will be so expensive for her to miss work or return at a later date. Any chance the prosecutor dealing with the motion next week will be open to offering the plea bargain again at this time? Is there a best way to ask for it? Our representative cannot make the motion date and time.
If your daughter's representative can't personally attend, they should retain an agent to attend in their place. That's what a professional does and that's what you are paying them for--representation. If they don't do this, your daughter seriously needs to re-consider whether to continue using that representative's services. A represented individual certainly should not have to attend personally if they've retained someone. However, if worse comes to worse and no one will be attending on your daughter's behalf, then she should personally attend that day and self-represent herself. After all, if no one attends for your daughter, its almost certain that the court will agree to the adjournment. On the other hand, if someone attends to contest the adjournment and raise the arguments you stated in your post, the court might not agree to adjourn, especially if the reason for the request is weak (e.g. person on holidays or attending some training program or non-essential event). As for plea bargaining, it never hurts to attempt to resolve the matter. The prosecutor will certainly be able to discuss things with your daughter that day. The only issue is whether the court will permit the guilty plea (if there is one) on that specific day, since its not scheduled on the docket that day; only the motion to adjourn is. The plea might need to be done on the scheduled trial date (making the motion to adjourn irrelevant).
If your daughter's representative can't personally attend, they should retain an agent to attend in their place. That's what a professional does and that's what you are paying them for--representation. If they don't do this, your daughter seriously needs to re-consider whether to continue using that representative's services. A represented individual certainly should not have to attend personally if they've retained someone. However, if worse comes to worse and no one will be attending on your daughter's behalf, then she should personally attend that day and self-represent herself.
After all, if no one attends for your daughter, its almost certain that the court will agree to the adjournment. On the other hand, if someone attends to contest the adjournment and raise the arguments you stated in your post, the court might not agree to adjourn, especially if the reason for the request is weak (e.g. person on holidays or attending some training program or non-essential event).
As for plea bargaining, it never hurts to attempt to resolve the matter. The prosecutor will certainly be able to discuss things with your daughter that day. The only issue is whether the court will permit the guilty plea (if there is one) on that specific day, since its not scheduled on the docket that day; only the motion to adjourn is. The plea might need to be done on the scheduled trial date (making the motion to adjourn irrelevant).
Argh, figures! Darling daughter has a final exam at the same time the adjournment motion is scheduled for, she will not be able to attend. Not sure if I will be able to find new representation before, they really didn't give much time for this. Can I go, as her parent? Do I need a letter from her? Thanks a great deal
Argh, figures! Darling daughter has a final exam at the same time the adjournment motion is scheduled for, she will not be able to attend.
Not sure if I will be able to find new representation before, they really didn't give much time for this. Can I go, as her parent? Do I need a letter from her?
Good Evening, Met with a new representative. He is advising that it would be bad form/improper to seek to contest the adjournment as the crown has done everything proper to request the adjournment, and since the victim has asked for a reschedule it will most certainly be granted regardless of their reasons for not attending. His thought is the best we can hope for is to seek a plea deal at this time, or just allow the adjournment for a future date. If it matters, this was a minor MVA, under $1000 and no injury. I am feeling torn, as I am not confident in the advise given earlier feedback from this group. Would be interested in hearing thoughts from others who have court experience. I do not want to direct the representative to contest the motion if it is in deed frowned upon as generally not done out of respect for victims…also know his heart would not be in it. Waiting longer for resolution is not ideal, and is most difficult for my daughter to deal with, as it will now impact work schedule and she is moving out of town in 2 months. She is just about ready to just plead guilty to anything to have it done with, if we can keep the original trial date (next week) that would be best for her to see it through. Thank you for the help
Good Evening,
Met with a new representative. He is advising that it would be bad form/improper to seek to contest the adjournment as the crown has done everything proper to request the adjournment, and since the victim has asked for a reschedule it will most certainly be granted regardless of their reasons for not attending. His thought is the best we can hope for is to seek a plea deal at this time, or just allow the adjournment for a future date. If it matters, this was a minor MVA, under $1000 and no injury.
I am feeling torn, as I am not confident in the advise given earlier feedback from this group. Would be interested in hearing thoughts from others who have court experience.
I do not want to direct the representative to contest the motion if it is in deed frowned upon as generally not done out of respect for victims…also know his heart would not be in it. Waiting longer for resolution is not ideal, and is most difficult for my daughter to deal with, as it will now impact work schedule and she is moving out of town in 2 months. She is just about ready to just plead guilty to anything to have it done with, if we can keep the original trial date (next week) that would be best for her to see it through.
Unfortunately, you received bad advice. One should never easily accept or condone a prosecution adjournment in order to always protect your 11b (unreasonable delay) rights. You always want the court to know that you are ready to proceed to trial and the prosecution's actions are creating hardship/prejudice to you and/or your case. Even if the court is more than likely to accept the adjournment, always make submissions on the record so that the court has a basis in which to rely upon if you later decide to apply for an 11b stay. Your representative is either unaware of the proper tactics of trial advocacy or simply trying to get a guilty plea out of you (and avoid the time/effort) that you deserve. Remember, trials are not a popularity contest--there are ways to advance your arguments in a respectful way. Besides, why would a social engagement at 7:30pm have any bearing on the case---courts close by 4:30pm. In any event, courts are not in the business of accommodating conveniences for witnesses; the witness better have a better excuse such as an unforeseen surgery, family illness/death, etc. If he/she has to work that day, can't find a babysitter, has to attend school, etc. the court is much more reluctant to give the adjournment since those are examples of things that could and should have been adjusted---court takes precedence over most things!
Unfortunately, you received bad advice. One should never easily accept or condone a prosecution adjournment in order to always protect your 11b (unreasonable delay) rights. You always want the court to know that you are ready to proceed to trial and the prosecution's actions are creating hardship/prejudice to you and/or your case. Even if the court is more than likely to accept the adjournment, always make submissions on the record so that the court has a basis in which to rely upon if you later decide to apply for an 11b stay.
Your representative is either unaware of the proper tactics of trial advocacy or simply trying to get a guilty plea out of you (and avoid the time/effort) that you deserve. Remember, trials are not a popularity contest--there are ways to advance your arguments in a respectful way. Besides, why would a social engagement at 7:30pm have any bearing on the case---courts close by 4:30pm. In any event, courts are not in the business of accommodating conveniences for witnesses; the witness better have a better excuse such as an unforeseen surgery, family illness/death, etc. If he/she has to work that day, can't find a babysitter, has to attend school, etc. the court is much more reluctant to give the adjournment since those are examples of things that could and should have been adjusted---court takes precedence over most things!
The representative we hired did not have your knowledge/expertise/willingness to fight, and I can honestly say it is in short supply. Today's motion to adjourn turned into a plea bargaining session, as my daughter did not want to have this matter carry on any longer. The prosecutor looked over everything, asked a few questions, referred to the officer and the reporting party in a derogatory way, and offered a 2 point offence, and would not offer a suspended sentence and no fine, but was not oppose to it being requested, and offered no opposition to the justice ruling in favour of it. With that, the kid moves on and no longer has it hanging over her head. We have learned a lot, and the same mistakes will not be made again in the future. I can understand her need to have closure and move forward, if it had been me accused, I would have enjoyed the trial route as there were several issues not in favour of prosecution.
The representative we hired did not have your knowledge/expertise/willingness to fight, and I can honestly say it is in short supply.
Today's motion to adjourn turned into a plea bargaining session, as my daughter did not want to have this matter carry on any longer. The prosecutor looked over everything, asked a few questions, referred to the officer and the reporting party in a derogatory way, and offered a 2 point offence, and would not offer a suspended sentence and no fine, but was not oppose to it being requested, and offered no opposition to the justice ruling in favour of it. With that, the kid moves on and no longer has it hanging over her head.
We have learned a lot, and the same mistakes will not be made again in the future. I can understand her need to have closure and move forward, if it had been me accused, I would have enjoyed the trial route as there were several issues not in favour of prosecution.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
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 was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
