I am posting information about the successfull outcome of the trial. I believe I was as prepared as I could be; An 11b motion baised on delay, (disclosure was never provided either). The bi-lingual defence and various "site" defences, potentially obscured signs etc. In the end no amount of preparation can answer or anticipate all the possibiities. The reason the charge was withdrawn was the the officer did not show! Perhaps he was embarrassed that he did not comply with the disclosure request or the crown delayed so aggregiously that he was instructed to stay away. Two lessons were learned: one, prepare for the worst and when the simplest remedy occurrs embrace it. Don't be disappointed that you never got to "test" all your defences. and two; There is a great deal more to preparing an 11b defence motion of which I was not aware or that I could easily find on the web. After subsequently speaking with a lawyer friend of mine I realized that the 11b motion that I filed was "thin"ie lacking the necessary detail that a competant motion requires, Transcript of the previous hearings, the applicant's affidavit with copies of all correspondence in relation to the delay or non disclosure attested to and a listing of all the above outlining anxiety, expense, etc. that the delay has created; a list of authorities including copies of Stinchcombe, copies of the Act it self with specific citations of the 11b provision other sections and any other statute on which your motion relies. A well prepared 11b will require the crown to appoint a "special prosecutor" to the traffic court to properly address the motion since a crown without lawyer status will probaby not have the experience or sophistocation to handle it. Will you as a non lawyer be able to bring all the legal nuances to bear during arguments? The motion is very much a strong bargaining tool in view of the protracted arguments that will attach to complete exploration of the motion before the Court. You can use it as a bargaining chip to reduce the charge. And be sure to evaluate the sitting JP. Not all JP's have the legal training to appreciate the 11b motion, some rightly or wrongly just refuse to deal with it and will dismiss it no matter how valid your arguments. This would leave you with only one option, appeal, a "messy", lengthly and expensive option following conviction. In court nothing is a given but in my case the result was the best it could be.
I am posting information about the successfull outcome of the trial.
I believe I was as prepared as I could be; An 11b motion baised on delay, (disclosure was never provided either). The bi-lingual defence and various "site" defences, potentially obscured signs etc. In the end no amount of preparation can answer or anticipate all the possibiities. The reason the charge was withdrawn was the the officer did not show! Perhaps he was embarrassed that he did not comply with the disclosure request or the crown delayed so aggregiously that he was instructed to stay away.
Two lessons were learned: one, prepare for the worst and when the simplest remedy occurrs embrace it. Don't be disappointed that you never got to "test" all your defences. and two; There is a great deal more to preparing an 11b defence motion of which I was not aware or that I could easily find on the web.
After subsequently speaking with a lawyer friend of mine I realized that the 11b motion that I filed was "thin"ie lacking the necessary detail that a competant motion requires, Transcript of the previous hearings, the applicant's affidavit with copies of all correspondence in relation to the delay or non disclosure attested to and a listing of all the above outlining anxiety, expense, etc. that the delay has created; a list of authorities including copies of Stinchcombe, copies of the Act it self with specific citations of the 11b provision other sections and any other statute on which your motion relies.
A well prepared 11b will require the crown to appoint a "special prosecutor" to the traffic court to properly address the motion since a crown without lawyer status will probaby not have the experience or sophistocation to handle it. Will you as a non lawyer be able to bring all the legal nuances to bear during arguments? The motion is very much a strong bargaining tool in view of the protracted arguments that will attach to complete exploration of the motion before the Court. You can use it as a bargaining chip to reduce the charge.
And be sure to evaluate the sitting JP. Not all JP's have the legal training to appreciate the 11b motion, some rightly or wrongly just refuse to deal with it and will dismiss it no matter how valid your arguments. This would leave you with only one option, appeal, a "messy", lengthly and expensive option following conviction.
In court nothing is a given but in my case the result was the best it could be.
