Speeding in QC - 11b Motion
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!
Re: Speeding in QC - 11b Motion
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.
Re: Speeding in QC - 11b Motion
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)
Re: Speeding in QC - 11b Motion
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.
Re: Speeding in QC - 11b Motion
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...
Re: Speeding in QC - 11b Motion
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.
Re: Speeding in QC - 11b Motion
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.
Re: Speeding in QC - 11b Motion
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.
Re: Speeding in QC - 11b Motion
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 $$$.
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