Filing for 11B - Time Limits ?

DrSteven
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Filing for 11B - Time Limits ?

Unread post by DrSteven »

I just wanted to clarify regarding Filing for 11B for offence that is 11+ months from offence date till trial.

Jan 14 - Got a ticket for Improper use of HOV Lane 3 points (alleged changed lane on crossed line)
May 15 - Went to early resolution meeting, got offered lesser charge and 2 points and I requested a trial instead
July 23 - Got a letter with court date of 4th December 2015

So, technically it will be 11 1/2 months since the offence date so could I file an 11B based on that or does the time to trial count from the early resolution meeting which was in May and that's when I requested a trial date ?


jsherk
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Re: Filing for 11B - Time Limits ?

Unread post by jsherk »

Well actually the time does not start counting until you requested the trial on May 15th. This is why you should always choose the NOT GUILTY with Trial option right away. You can always arrange to meet with the prosecutor yourself in the meantime.

It won't hurt to learn the process, so about 21 days before your trial date you can file all the 11B stuff. Using FAX method is much cheaper than registered mail. What will most likely happen though is on the trial date, the JP will look at the request and you will make your argument as to why it should be stayed and prosecutor will argue why it should not and then when JP calculates time will it's not a violation and the trial will continue.
+++ This is not legal advice, only my opinion +++


DrSteven
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Re: Filing for 11B - Time Limits ?

Unread post by DrSteven »

jsherk,

thanks for the reply, that's what I suspected, is it even worth to file for 11B if the actual time from trial date request to the trial will be only 6 months ? Would JP even consider it ?


jsherk
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Re: Filing for 11B - Time Limits ?

Unread post by jsherk »

No I don't think the JP would even consider it. But again, if you want to learn the process you could at least try!




+++ This is not legal advice, only my opinion +++


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