Speeding in QC - 11b Motion

Post Reply
outlaw
Newbie
Newbie
Posts: 1
Joined:

Unread post by outlaw on

I want to mount an 11b challenge to a speeding ticket I got which has taken nearly two years to go to trial. Problem is the ticket was issued in Quebec and I can't find a notice of constitutional question FORM for that province. It's not the same as the 4F Form in Ontario.

Does anyone know where I can obtain this? (for Quebec)

THANKS!
Top

User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

outlaw wrote:I want to mount an 11b challenge to a speeding ticket I got which has taken nearly two years to go to trial. Problem is the ticket was issued in Quebec and I can't find a notice of constitutional question FORM for that province. It's not the same as the 4F Form in Ontario.

Does anyone know where I can obtain this? (for Quebec)

THANKS!
You may be best to seek a paralegal's help with this.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Top

ManlyMinute
Jr. Member
Jr. Member
Posts: 38
Joined:

Unread post by ManlyMinute on

I want to mount an 11b challenge to a speeding ticket I got which has taken nearly two years to go to trial. Problem is the ticket was issued in Quebec and I can't find a notice of constitutional question FORM for that province. It's not the same as the 4F Form in Ontario.

Does anyone know where I can obtain this? (for Quebec)
Yea, that is definitely challenging. I've tried finding some forms but I keep on running into the language barrier. (Should have studied French in school like I was supposed to.)

I've found a couple of sites that have information and one with a "Application for Revocation of Judgment and Stay of Execution" form but it's for the Penal and/or Criminal system.

http://www.justice.gouv.qc.ca/english/f ... j721-a.pdf

Oh, never mind the other one went nowhere.

Try canlii and look in their Quebec database. They have alot of forms in their servers and if you look up something similar to the courts of justice act ontario you might find something.

Other than that, call the Attorney Generals office of Quebec and ask if they know. (Shot in the dark there)
Top

User avatar
racer
VIP
VIP
Posts: 959
Joined:
Location: Guelph, Ontario
Contact:
Contact racer

Unread post by racer on

ManlyMinute wrote:Should have studied French in school like I was supposed to.
Shouldn't they have the information in English? Courts are supposed to be bi-lingual across the country.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
Top

TOdriver
Newbie
Newbie
Posts: 2
Joined:

Unread post by TOdriver on

I'm in the same situation - almost 3 years between offense and court date in QC for speeding. Has anyone won 11b challenge in Quebec after speeding violation? People say it's almost unreal in Quebec...
Top

User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

Quebec's traffic court system is entirely different than Ontario's. For example, in Quebec the officer does not have to show up to testify. They can take the officer's notes, prosecute and convict you on that alone... and the success rate is very, very high. There are additional administrative fees for fighting tickets in Quebec, and surcharges for getting convicted in court. The system is set up to stop people from fighting their tickets.

It's one thing to fight tickets in places like Ontario, Alberta, BC, etc. For Quebec, I'd suggest you at least talk to someone with experience fighting tickets in Quebec, even with the three year delay.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Top

TOdriver
Newbie
Newbie
Posts: 2
Joined:

Unread post by TOdriver on

Radar Identified wrote:Quebec's traffic court system is entirely different than Ontario's. For example, in Quebec the officer does not have to show up to testify. They can take the officer's notes, prosecute and convict you on that alone... and the success rate is very, very high. There are additional administrative fees for fighting tickets in Quebec, and surcharges for getting convicted in court. The system is set up to stop people from fighting their tickets.

It's one thing to fight tickets in places like Ontario, Alberta, BC, etc. For Quebec, I'd suggest you at least talk to someone with experience fighting tickets in Quebec, even with the three year delay.
Thanks, RI. Actually I was not going to fight the speeding ticket itself, but rather try 11(b) challenge only. So I was curious if anyone here tried 11(b) successfully.
If failed I was going to accept plea bargain. But one of Quebec lawyers told me that they may not even offer you plea bargain any more once you rejected it.
Top

G35Dalf
Jr. Member
Jr. Member
Posts: 50
Joined:

Unread post by G35Dalf on

I know this thread is now over one year old but I was wondering if Outlaw (or anyone else for that matter) has had success with an "11b" challange in Quebec. I'm now coming up to two years with no court date for a speeding charge. Thanks.
Top

G35Dalf
Jr. Member
Jr. Member
Posts: 50
Joined:

Unread post by G35Dalf on

Just as advice, after much research I've found out paralegals are not permitted in Quebec courts - lawyers only. So if you want to challenge on an 11B, I suggest you get a good lawyer and have spare $$$.




Top

Post Reply

Return to “Traffic Offences Outside Ontario”