Hi I went to traffic court today for my girl-friend (which I've learned here in the forum is a permissible form of representation). She had to go to a medical conference on short notice and I had evidence of that fact with me. The cop doesn't show up, JOP tells me that since this is a french hearing (girl-friend is quebecoise) I cannot represent here (don't speak french myself) and she forces an adjournment for mid next-year. Is there some kind of a proceedings error I can utilize here? afaik defendant doesn't have to attend, representation (me) was there, even though everyone speaks english they wouldn't accept me plead not-guilty for her. Ticket 12/18/2008 - Court 10/19/2009 - Adjourned to 06/21/2010 Thanks for your thoughts Cheers Nils
Hi
I went to traffic court today for my girl-friend (which I've learned here in the forum is a permissible form of representation). She had to go to a medical conference on short notice and I had evidence of that fact with me.
The cop doesn't show up, JOP tells me that since this is a french hearing (girl-friend is quebecoise) I cannot represent here (don't speak french myself) and she forces an adjournment for mid next-year.
Is there some kind of a proceedings error I can utilize here? afaik defendant doesn't have to attend, representation (me) was there, even though everyone speaks english they wouldn't accept me plead not-guilty for her.
Ticket 12/18/2008 - Court 10/19/2009 - Adjourned to 06/21/2010
You will win the case just based on the delay. Her s. 11(b) charter rights have been breached. Tried within a reasonable time; 20 months is wayyyy too long. Besides, the ticket she was issued is invalid. You already won.
You will win the case just based on the delay.
Her s. 11(b) charter rights have been breached.
Tried within a reasonable time; 20 months is wayyyy too long.
Hi GC thanks for your reply - can you elaborate on "the tickes she was issues is invalid"? Is that because the officer wasn't there? How do I argue against her simply adjourning against the defendants will? Is this some kind of non-permissable "re trial" for the same offence? (JOP basically forces an adjournment to get her evidence together based on a made up reason - "french only at french trial") Thanks again Nils
Hi GC
thanks for your reply - can you elaborate on "the tickes she was issues is invalid"? Is that because the officer wasn't there? How do I argue against her simply adjourning against the defendants will?
Is this some kind of non-permissable "re trial" for the same offence? (JOP basically forces an adjournment to get her evidence together based on a made up reason - "french only at french trial")
Forget about the invalid ticket argument, it's unproven and it's similiar to using tax advice from a "tax defiler" advocate. Filing an 11b should be sufficent to win, assuming that your gf hasn't been responsible for any of the delays (Although I would expect the crown to argue she was partly responsible for this latest delay). Information on how the file an 11b can be found at TicketCombat's site: www.ticketcombat.com
nilsca wrote:
can you elaborate on "the tickes she was issues is invalid"?
Forget about the invalid ticket argument, it's unproven and it's similiar to using tax advice from a "tax defiler" advocate.
Filing an 11b should be sufficent to win, assuming that your gf hasn't been responsible for any of the delays (Although I would expect the crown to argue she was partly responsible for this latest delay).
Information on how the file an 11b can be found at TicketCombat's site:
You will use this Form, 4F, to file your stay application. The Form is on the link below. http://www.ontariocourtforms.on.ca/form ... F_0707.doc You will follow rule 4, on the link below, with respect to format, content, binding documents, and affidavit of service. http://www.canlii.org/en/on/laws/regu/r ... g-194.html
You will use this Form, 4F, to file your stay application. The Form is on the link below.
You can file the 11b argument but I bet that the court is going to say that you were not qualified to represent your girlfriend at a french trial, and that they may have put the delay on the defendant. Subsequently the court would argue the time delay against you. For the next trial date you HAVE to order the transcripts of the court date you were at, and see what reason the court wrote down for the delay. The court WILL require the transcript for any 11b Application. If they put the adjournment because of the officer not being there then you can argue the 11b argument with the court. For an 11b argument there are 4 issues that you have to present to the court. How long was the delay did the defendant waive their right to an earlier trial the reasons for the delay did the defendant suffer any prejudice because of the delay Just an FYI, the case should have been withdrawn, if she had had a strong paralegal at the court to argue against the Justice the charge should have been withdrawn. Looks to me that they took advantage of your inexperience with the court system....
You can file the 11b argument but I bet that the court is going to say that you were not qualified to represent your girlfriend at a french trial, and that they may have put the delay on the defendant. Subsequently the court would argue the time delay against you.
For the next trial date you HAVE to order the transcripts of the court date you were at, and see what reason the court wrote down for the delay. The court WILL require the transcript for any 11b Application.
If they put the adjournment because of the officer not being there then you can argue the 11b argument with the court. For an 11b argument there are 4 issues that you have to present to the court.
How long was the delay
did the defendant waive their right to an earlier trial
the reasons for the delay
did the defendant suffer any prejudice because of the delay
Just an FYI, the case should have been withdrawn, if she had had a strong paralegal at the court to argue against the Justice the charge should have been withdrawn. Looks to me that they took advantage of your inexperience with the court system....
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
