should I go for an 11b?

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NATALIE
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should I go for an 11b?

by: NATALIE on
Fri Nov 01, 2013 2:57 am

On August 20th 2013, I decided to go for a trial for the stop sign ticket that I had received last year. During the trial, the officer testified first and then I decided to testify during which the court ran out of time and had to adjourn the trial. The next trial date which is set for November 15, is a little over 13 months from the original offense date. My question is that, could I now file for an 11b on my upcoming trial for the violation of my right for my case to be heard in a reasonable amount of time or do you think I won't be entitled for it as my trial had already begun back in August and at that time I already pleaded not guilty and proceeded with the trial. Thanks!




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highwaystar
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by: highwaystar on
Fri Nov 01, 2013 8:25 am

I wouldn't waste my time on an 11b--you likely won't win. The Crown's case closed in August---so, you already know 'the case to meet' and had your opportunity to test it (i.e. cross-examinations).

This new delay actually could be viewed as being helpful to you (i.e.since you were afforded more time to prepare your case now that the Crown has laid out their case). Time lines are not the only factor in an 11b application---I don't think you'll be able to show a significant prejudice to justify to a court into agreeing with your 11b arguments. Quite frankly, you'll be facing an uphill battle with only a very slim likelihood of any success.


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