Questions about court confusion :/

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nIzo
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Questions about court confusion :/

Unread post by nIzo on

Ok first question is, I was rear ended by a car and then I got careless driving ticket because I got tired of a person tail gating me while I was already going 65 on a 50 zone so I hit the break and the guy hit me.

I have G2, he has G1.. I called the cops and both of us ended up getting careless driving.

anyhow the question is not about that yet... I had a trail date to attend, then I get an another letter saying that I should come in the day before my trail, so I did. and why was that for? because they wanted to change the date of my trail to a later date... *please note 1 DAY before my trail*

so after the whole court thing, I had to talk to the prosecutor and she offered to give me a deal which was *improper lane change* I believe it was. 2 points instead of 6 right? so I did agree to the deal but now I had to set an another date, and I did. 6 month from that date was the closest and best for me.

I go to my trail which I thought it was going to be held and the judge is *sick* and now I am waiting again another 6 month or so, till December till I get my whole thing cleared...


Now the question is, is there anything I can do to drop the case? also considering that, its been their fault for delaying it? considering that its going to stay on my record for an extra year for no reason?

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Question 2

This one is much simpler :P Speeding ticket with the last name spelt wrong, could the ticket be dropped for that?

....



Thanks in advance for anyhelp!


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Simon Borys
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Unread post by Simon Borys on

With regards to question #2: The court would probably consider the error you described to be minor, that is to say not negatively impacting your ability to make a full defence to the charge, and so would not be likely to quash the charges for those errors. The prosecutor could amend if necessary
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


nIzo
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Unread post by nIzo on

Alright thanks man :/

anyone any idea about questoin one? :/


pvotrainer
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Unread post by pvotrainer on

You can ask for it to be tossed due to the delay, but you said the next date was December and that delay was partly due to it being the best for you, so I don't think that will wash. Take the plea but only after making sure the officer and the other party is there. The crown needs them to proceed.

Considering what you did is defined under the "stunt driving" definition you are lucky the officer gave you a break or didn't know the law. An officer that has th grounds to believe that you committed the stunt offence SHALL sieze the licence and impound the car. Read HTA 172 and it's regulation


nIzo
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Unread post by nIzo on

pvotrainer wrote:You can ask for it to be tossed due to the delay, but you said the next date was December and that delay was partly due to it being the best for you, so I don't think that will wash. Take the plea but only after making sure the officer and the other party is there. The crown needs them to proceed.

Considering what you did is defined under the "stunt driving" definition you are lucky the officer gave you a break or didn't know the law. An officer that has th grounds to believe that you committed the stunt offence SHALL sieze the licence and impound the car. Read HTA 172 and it's regulation

I set a date that was as close as possible for me to be able to attend for sure, because if I took the closest possible I would of been out of the country, so I had to delay it a month or so. so I didn't actually delay the whole thing, I just got to pick a good date for me which wasn't so far away.

and when I did go to that court date after I came back from my Vacation THEY delayed it and pushed it as far as December.

I mean I want this thing to be over with. and hopefully tossed due to the delay like you mentioned, but where would I start? would I call the prosecutor and ask her/him?


regarding the stunt driving, I thought he said I could get Dangerous Driving for that, which is probably the same penalty as the stunting.

pretty weird being tough something at Driving school where they tell you to tap on your break if someone is tailgating you and that would make em move away, only that the guy behind me was an idiot and was trying to cut me off but didn't quite make it.






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