Do I Have A Case For 11b? (trial Was Adjourned)
March 25, 2013 = speeding ticket issued
April 2, 2013 = took time off work, submitted notice of intention to appear in court (I'm not 100% certain on the date, is it possible to get a confirmation by calling the court/prosecutor's office?)
May 31, 2013 = notice of trial issued, received by mail about 2 weeks later, the trial date is set for October 29, 2013
June 14, 2013 = took time off work, requested for disclosure in person, have stamped paperwork, they forced me to leave a phone #
September 10, 2013 = disclosure issued, however I was informed about it much later via a phone call, around early October
October 7, 2013 = took time off work, picked up disclosure (3 weeks from trial date), the clerk at the prosecutor's office took a long time to locate my disclosure because it was filed in in a different folder, not according to my last name!
October 8, 2013 = after a quick review, I noticed the disclosure was incomplete (laser testing for incorrect device #) so I had a family member submit a 2nd disclosure request on this date, have stamped paperwork
October 11, 2013 = after more thorough review, I noticed laser manual was missing as originally requested (only pages related to testing were provided), I took time off work and submitted a 3rd disclosure request asking for the manual, as well as other information (device maintenance records, officer's log for the day, etc.)
October 25, 2013 = notified on Friday afternoon via phonecall that additional disclosure is ready, the trial is next week Tuesday
October 29, 2013 = trial date, took time off work, picked up additional disclosure which appears to include laser manual in its entirety, device maintenance records, a few other things, but not everything I requested in my 3rd request. I then go to the court room and the prosecutor asks me about my situation. I told him I received incomplete disclosure the first time, and just picked up additional disclosure 30 mins ago. He understood the situation and proposed to postpone the trial date so that I can review the documentation and seek legal advice, I agreed. The new trial date is set for April 1, 2014.
While the extension was being granted, I don't recall the exact language, I believe it was simply stated that the the adjournment is due to disclosure being received last-minute (does that imply it's the fault of the Crown?). Would I have to order court transcripts to verify what's been recorded on this day?
And the ultimate question - do I have a case for 11b?
Thank you!
-
- Similar Topics
-
-
New post Trial Adjourned, No video evidence, Cop will show up
Last post by argyll Fri Nov 11, 2016 1:25 am
-
-
-
New post Justice adjourned; trial is 14 month from offence date. 11b?
Last post by iFly55 Wed May 28, 2014 4:11 pm
-
-
-
New post Entering case law as evidence at trial
by jsherk in General TalkLast post by jsherk Thu Aug 20, 2015 6:56 pm
-
-
-
New post filed 11b on 10 months and 26 days case, but lost the case
by billses in Courts and ProcedureLast post by billses Mon Jan 09, 2012 10:15 am
-
-
-
New post Disobey Sign 182(2).....Adjourned...!! :cry:
Last post by FTAFreedom Wed Sep 02, 2009 8:15 pm
-
-
-
New post cop no-show, representation attends, still adjourned
by nilsca in Courts and ProcedureLast post by OTTLegal Wed Oct 21, 2009 8:14 am
-
-
-
New post Speeding 141 - Sep 3 court date (adjourned from June 4)
Last post by Reflections Thu Sep 03, 2009 9:14 am
-
-
-
New post Out of town trial, no disclosure, trial April 11?
by Bil22 in Courts and ProcedureLast post by daggx Mon Apr 08, 2013 8:44 pm
-
Who is online
Users browsing this forum: No registered users and 25 guests