How To Demonstrate Prejudice In Court For 11b?
I just came back from court with a draw... didn't win and managed to adjourn it to another date for lack of disclosure... the 11b got quashed because I failed to demonstrate prejudice. i've reviewed ticketcombat and in my opinion i've verbalized all those points with regards to time, time to delay (12 months + 25 days), systematic delays compared to other jurisdictions where they're able to get to court within 4-6 months, length of delay affects memory, availability of witnesses and other evidence...
after court the crown and the cop both said I gave it a good try after hearing it was my first time, which was somewhat of a consolation but i'm still pissed that I haven't learned anything from this process.
how to demonstrate prejudice? was it merely what I stated was not presented in a proper fashion? or was i missing actual content? how to structure a proper argument that i've suffered prejudice?
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: How To Demonstrate Prejudice In Court For 11b?
Prejudice relates to the general stigma attached to being accused of a crime and having that label for longer than necessary and also to any specific prejudice you suffered (like you lost your job because you had been charged or were unable to move on with your life, etc).
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
Re: How To Demonstrate Prejudice In Court For 11b?
Prejudice is one thing. But you could demonstrate that your right to a speedy trial was violated.
http://www.OntarioTicket.com OR http://www.OHTA.ca
Re: How To Demonstrate Prejudice In Court For 11b?
Speedy trial is the issue. What is considered speedy is not set in stone despite popular belief. You have to demonstrate prejudice preventing speedy trial...
-
- Similar Topics
-
-
New post Lower Court not bound by Appeal Court?
by hwybear in Stunt DrivingLast post by hwybear Tue Dec 01, 2009 10:34 am
-
-
-
New post Court date - How to tell if Officer is in court?
by t3ch9 in General TalkLast post by jsherk Wed Feb 08, 2017 8:07 pm
-
-
-
New post I have a court tmr...can I just pay the fee?
by lkh5650 in General TalkLast post by Stanton Fri Dec 09, 2011 2:42 pm
-
-
-
New post Pay tickets or go to court?
by Evalin in General TalkLast post by Stanton Wed Apr 06, 2011 12:12 am
-
Who is online
Users browsing this forum: No registered users and 13 guests