Thanks to the good folks at Ticket Combat and here I finally prevailed after 2.5 years of the runaround regarding my talking on a cellphone and invalid permit sticker charges. First off, I wasn't guilty on the first count and the second was really no contest - I simply forgot about it. Anyway, 13 months for the original trial, then they ran out of time and it got pushed back to 20 months. At that point I asked for a preliminary motion to stay the charges without filing notice - common sense, right? - and the Crown and judge said I wasn't permitted to to that. Turns out that I was. Under the rules of the court - Courts of Justice Act. - you can ask for a motion without filing notice. The judge doesn't have to grant it, but they do at least need to hear it. R.R.O. 1990, REGULATION 200 RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS (7) An application or motion may be heard without notice, (a) on consent; or (b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice. So I cited this today first speaking with the Crown and she said that it didn't apply. I said 'It seems reasonably clear to me that it does apply. If, however, you disagree, we can let the judge make a ruling. Further I'll be asking the law society for a peer review because it seems you're unaware of some rather important points regarding procedural law." She scowled at me and told me to take a seat. And then as a last jab mad me sit there for a full two hours while the rest of the docket was cleared before I was called up and at which time withdrew both charges. So yes, even though I did file all the requisite paperwork - and I had an argument against the officer anyway - I suppose the aspect of dealing with a formal review was just too much of a pain in the ass for her and voila! So yeah, cite those rules and regulations! Stick it to the man! And may the Force be with you! :)
Thanks to the good folks at Ticket Combat and here I finally prevailed after 2.5 years of the runaround regarding my talking on a cellphone and invalid permit sticker charges. First off, I wasn't guilty on the first count and the second was really no contest - I simply forgot about it. Anyway, 13 months for the original trial, then they ran out of time and it got pushed back to 20 months. At that point I asked for a preliminary motion to stay the charges without filing notice - common sense, right? - and the Crown and judge said I wasn't permitted to to that. Turns out that I was. Under the rules of the court - Courts of Justice Act. - you can ask for a motion without filing notice. The judge doesn't have to grant it, but they do at least need to hear it.
R.R.O. 1990, REGULATION 200
RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS
(7) An application or motion may be heard without notice,
(a) on consent; or
(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.
So I cited this today first speaking with the Crown and she said that it didn't apply. I said 'It seems reasonably clear to me that it does apply. If, however, you disagree, we can let the judge make a ruling. Further I'll be asking the law society for a peer review because it seems you're unaware of some rather important points regarding procedural law." She scowled at me and told me to take a seat. And then as a last jab mad me sit there for a full two hours while the rest of the docket was cleared before I was called up and at which time withdrew both charges. So yes, even though I did file all the requisite paperwork - and I had an argument against the officer anyway - I suppose the aspect of dealing with a formal review was just too much of a pain in the ass for her and voila! So yeah, cite those rules and regulations! Stick it to the man! And may the Force be with you!
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings? What paperwork is needed? That isn't clear. VICTORY IS OURS!!!!!!!! :D
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings?
They made him wait until all others were gone. If he went first most of the others would change their plea. In this case they just drop the charge. It does help if you have a pile of pic's and you are last in line. Cheers Viper1
diehard wrote:
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings?
What paperwork is needed?
That isn't clear.
VICTORY IS OURS!!!!!!!!
They made him wait until all others were gone.
If he went first most of the others would change their plea.
In this case they just drop the charge.
It does help if you have a pile of pic's and you are last in line.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Technically speaking you don't require any paperwork, but if the judge is a jerk they'll make you file. It happened to me today in fact. Went in on an 18 month old parking ticket, and not only did they leave me to the very last even though I saw the prosecutor first, when I cited the rules of the court the judge flat out refused. I asked a reason and she wouldn't give one just saying come back with the properly filed paperwork. So since they're going to be *EDIT* about it I'm going to check with the law society about a peer review and filing a complaint against them. Those petty little revenge tactics are total bullshit on their part as all they do is cost the taxpayer more unnecessary money. So now a $15 dollar ticket ends up costing us - taxpayers - several hundred dollars because they want to be *EDIT* and don't like people challenging their authority.
diehard wrote:
If I understood the above correctly, you don't need to go through the tedious paperwork of filing an 11b before requesting a stay of proceedings?
What paperwork is needed?
That isn't clear.
VICTORY IS OURS!!!!!!!!
Technically speaking you don't require any paperwork, but if the judge is a jerk they'll make you file. It happened to me today in fact. Went in on an 18 month old parking ticket, and not only did they leave me to the very last even though I saw the prosecutor first, when I cited the rules of the court the judge flat out refused. I asked a reason and she wouldn't give one just saying come back with the properly filed paperwork. So since they're going to be *EDIT* about it I'm going to check with the law society about a peer review and filing a complaint against them. Those petty little revenge tactics are total bullshit on their part as all they do is cost the taxpayer more unnecessary money. So now a $15 dollar ticket ends up costing us - taxpayers - several hundred dollars because they want to be *EDIT* and don't like people challenging their authority.
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…
Victory is mine!
