Search found 26 matches
- Tue Jan 10, 2017 8:29 pm
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
Re: 11b Questions
So if I do not receive disclosure before the 15 days I am better off arguing that instead of filling for an 11b?
- Tue Jan 10, 2017 7:43 pm
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
Re: 11b Questions
How has your right to make full answer and defense been prejudiced by the 14 month delay?
That will be the biggest hurdle you'll have to overcome in an 11b application. Clearly, you haven't lost your dash cam footage nor have anything that is overly time sensitive such as a dying witness or someone who is moving away, etc. Remember, you must ...
That will be the biggest hurdle you'll have to overcome in an 11b application. Clearly, you haven't lost your dash cam footage nor have anything that is overly time sensitive such as a dying witness or someone who is moving away, etc. Remember, you must ...
- Tue Jan 10, 2017 7:20 pm
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
Re: 11b Questions
I forgot to mention I applied for trial date and innocent and never went to a consultation or anything else.
- Tue Jan 10, 2017 5:59 pm
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
Re: 11b Questions
Just so we can all understand the situation better can you fill in some of the blanks here?
-What was the offence date and what was the charge? Are we talking HTA or other provincial offences?
-Was your only court date in August of last year or have there been others? Please list all court dates and what happened on them.
The reason I am asking ...
-What was the offence date and what was the charge? Are we talking HTA or other provincial offences?
-Was your only court date in August of last year or have there been others? Please list all court dates and what happened on them.
The reason I am asking ...
- Tue Jan 10, 2017 5:33 pm
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
Re: 11b Questions
When considering an 11b application the justice will determine how much of the delay is due to the actions of the crown and the defendant. If you request this adjournment, the delay caused by it would not be counted toward the total delay for the purposes of the 11b application.
It would but that has no bearing on my case as it is already 14 ...
It would but that has no bearing on my case as it is already 14 ...
- Tue Jan 10, 2017 4:32 pm
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
Re: 11b Questions
The other problem I run into is that my wife is pregnant and due to deliver on March 17th (which I can back up with documents). I am guessing that even if the JP agrees that I can adjourn for another day if they will not accept the 11b?
- Tue Jan 10, 2017 5:02 am
- Forum: Courts and Procedure
- Topic: 11b Questions
- Replies: 30
- Views: 19568
11b Questions
My trial was delayed in august to march of this year because the previous case required a translator which put it at 14 months from date of issue.
On my 11b do I just make my argument based on section 11b being breached because of the time?
Also, can I show up to do this instead of my wife as she will be due to deliver a baby the following week ...
On my 11b do I just make my argument based on section 11b being breached because of the time?
Also, can I show up to do this instead of my wife as she will be due to deliver a baby the following week ...
- Tue Aug 09, 2016 1:47 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Strange 159(3)
- Replies: 14
- Views: 8463
Re: Strange 159(3)
Went to court today, I never received disclosure but I was told that court would not have time for my trial as the person ahead of me needs a interpreter and it will take too long. My next trial date is for March 9th.... Which leads me as to whether I am able to file for a section 11b?
Infraction date was January 14
Pleaded Innocent January 27th ...
Infraction date was January 14
Pleaded Innocent January 27th ...
- Thu Aug 04, 2016 7:54 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Strange 159(3)
- Replies: 14
- Views: 8463
Re: Strange 159(3)
You will not recieve disclosure unless you request for it in advance. If you did, Great, your trial will be posponed and will not be used against you. If not, they can use the delay against you if you try to apply for an 11b (if the trial takes longer than 11 months).
I filed for disclosure June 5th...... My question is whether I have to file ...
I filed for disclosure June 5th...... My question is whether I have to file ...
- Wed Aug 03, 2016 10:33 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Strange 159(3)
- Replies: 14
- Views: 8463
Re: Strange 159(3)
I have my court date next Tuesday, never received my disclosure.... I guess I will be getting a new date pending the officer shows up.
- Tue May 24, 2016 10:05 pm
- Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Topic: Strange 159(3)
- Replies: 14
- Views: 8463
Strange 159(3)
I was driving along, 2 squad cars had someone pulled over. I slowed down to change lanes, still about 50 feet away, had my signal on and the office walked out of her vehicle, and pulled me over with her hands. I asked her why I was being pulled over and she said I did not change lanes for an emergency vehicle. We started to argue, which I filmed ...