Speeding in QC - 11b Motion

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outlaw
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by: outlaw on
Mon Feb 08, 2010 1:49 pm

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!
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Reflections
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by: Reflections on
Mon Feb 08, 2010 2:34 pm

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
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ManlyMinute
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by: ManlyMinute on
Mon Feb 08, 2010 11:34 pm

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)
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racer
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by: racer on
Wed Feb 10, 2010 5:24 pm

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
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TOdriver
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by: TOdriver on
Tue Jun 15, 2010 12:52 am

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...
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by: Radar Identified on
Tue Jun 15, 2010 2:55 pm

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
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TOdriver
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by: TOdriver on
Tue Jun 15, 2010 3:52 pm

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.
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G35Dalf
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by: G35Dalf on
Sun May 29, 2011 10:43 pm

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.
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G35Dalf
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by: G35Dalf on
Mon Sep 12, 2011 9:05 pm

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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