Search found 11 matches

by zopiclone
Mon Nov 10, 2014 2:19 am
Forum: General Talk
Topic: Can you request early resolution after requesting a trial?
Replies: 1
Views: 2134

Can you request early resolution after requesting a trial?

Long story short: Charge is disobey stop sign. I've had 2 court appearances. First one I requested an ajournment. Second one I was ready to proceed to trial but the officer was not there so the JOP set new trial date (rather than withdraw the charge). Something has come up and I will not likely be able to make the trial date. Short of hiring ...
by zopiclone
Sat Oct 11, 2014 3:10 am
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Re: Confused about something

Thanks so much for the link to the cases iFly55. Quick question: an I correct to assume the decisions from the human rights and labour tribunals are not binding, but merely 'persuasive' (at best), since they are not decisions from higher courts? In fact, how do I 'rank' the court decisions in relation to 'traffic court'?

Superior Court of Justice ...
by zopiclone
Fri Oct 10, 2014 10:35 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Re: Confused about something

Ah ok, I get you. Thanks for the clarification.

The plea deal I would be looking at for this jurisdiction (the one offered to all the people who had the same charge on my first and second appearance) is 2 demerits and reduction of fine to something like $60. To me that is virtually meaningless as a 'lesser plea' for a 3 demerit and $110 or so ...
by zopiclone
Fri Oct 10, 2014 2:14 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Re: Confused about something

To succeed, you have to prove that you were READY for trial but couldn't proceed because of the Crown's delays and you were prejudiced because of it. It doesn't appear to apply in your case---after all, you were STILL asking for disclosure in August 2014! You therefore can't argue from one side of your mouth that you still needed disclosure and ...
by zopiclone
Thu Oct 09, 2014 11:17 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Re: Confused about something

So I was reading all the threads about how to file an 11(b), and saw that I should request transcripts (in my case, for the first appearance when I requested an adjournment and the second appearance when the prosecutor requested an adjournment). So I was trying to figure out where I would have to go to request my transcripts and found this...

http ...
by zopiclone
Mon Sep 08, 2014 10:39 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Re: Confused about something

Your adjournment only accounts for a one month delay. I don't think you understand how 11b time calculations are done, you should review R. v. Andrade: http://www.canlii.org/en/on/oncj/doc/2011/2011oncj470/2011oncj470.html

From what you described the officer has another opportunity to appear for your next trial. Just like how you requested an ...
by zopiclone
Mon Sep 08, 2014 4:59 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Re: Confused about something

Rough Timeline

Received Ticket: Nov 2013
1st Trial: Aug 2014
2nd Trial: Sep 2014
3rd Trial: ????

You're at-fault for the time between the 2nd and 1st trial. But the rest is the crown's fault. I would consider an 11b application.

Prosecutor will always plea-bargain in order to avoid a lengthy trial.

Hi iFly55,

Next court appearance is in ...
by zopiclone
Mon Sep 08, 2014 1:23 pm
Forum: General Talk
Topic: Confused about something
Replies: 14
Views: 3526

Confused about something

I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.

I contacted a paralegal about my options. He told me that on my next ...
by zopiclone
Sun Jul 20, 2014 8:27 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobeying Stop Sign, just got the disclosure package
Replies: 4
Views: 4389

Re: Disobeying Stop Sign, just got the disclosure package

Thank you iFly55.

There's no doubt my 'defense' is horribly weak. If someone sliding on 'black ice' is convicted of the same offense I am accused of, my defense here is just not going to hold up. I do have something I need clarification on though. TicketCombat mentioned that in some circumstances, it may be possible to persuade the court to treat ...
by zopiclone
Sat Jul 19, 2014 5:50 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobeying Stop Sign, just got the disclosure package
Replies: 4
Views: 4389

Re: Disobeying Stop Sign, just got the disclosure package

I did come to a complete stop, but I am not sure if it was beyond the stop line or not. There isn't much details in the officer's notes to go on. I think the officer may have observed my car slide forward due to the compounded factors, after coming to a complete stop, and interpreted that as 'slow down but not stop.'
by zopiclone
Fri Jul 18, 2014 5:19 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobeying Stop Sign, just got the disclosure package
Replies: 4
Views: 4389

Disobeying Stop Sign, just got the disclosure package

I was ticketed for 'disobeying a stop sign' in York Region (Ontario) in November 2013, requested a trial date and received one scheduled for August 2014. I just picked up my disclosure package today after filing 3 disclosure requests between November and July, and I've been wracking my brain trying to come up with a defense.

I've scrutinized the ...