For an order as follows.
1.Validation of service of this motion on the defendent by mail to ( me my address
2.Pursuant to section 85 of the provincial offences Act, abridgement of the time for service of the Notice of Motion and supporting affidavit required by Regulation 200 under the Courts of justice Act;
3.pursuant to Section 85 of the Provincial Offences Act, abridgment of the time for filing the motion with the court administration office required by Regulation 200 under the Courts of Justice Act;
4.Adjournment of the trial date set for March 11 2010. to 11 February, 2010 or as this Honourable Court deems fit and just.
And further take notice that in support of this application will be read the affidavit of Lorraine C. Given Legal Assistant, Office of the Provicial Offences Prosecutor for the County of Grey, and such other and further evidence as may be required.
then in page 3 it goes on how/where the officer is being moved to and that there is material evidence in this matter which is essentilal to to the prosecutions case
and how this motion is brought in advance and that they verily believe there would be no prejudice to the accused (me)
and finaly how they make this affidavit in support of a motion for an adjournment of the trial date, and for no other or improper purpose.
sorry for the long post, but what do i do now? go to the hearing on the 19 of november and say that i will be on a trip for feraury and that my schedual is allready full and i can only make it to the original court date of march 11 2010?
thanks in advance.
It appears by your post that the prosecutor has properly applied for the change of date, but there are other issues about this that should not be posted in a public forum.
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
so i talked with the crown and said since the officer dropped it from 117 to 112 that she can't go 15 over. but would go with a disobey of sign and 2points down from 4 points and down from $233.to $85. so im happy i didnt have to pay someone $300 and i got it dropped......... always pays to go to court!!
thanks to everyone for the help
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com