Attended my trial today after filing 11B and won! Will share my experience to help others to prepare for next steps after filing 11B.
Offence: Red light - fail to stop
Offence date: Feb 11, 2012
Trial date: Jan 10, 2013
Length: 11 months less a day
In court:
Cop is here.
1/2 hour before allotted time, prosecutor talked to all the accused one-by-one and offer everyone an identical deal - $60 and no demerit points. However, when I came up and told the prosecutor my name, she just highlighted my name to indicate I am present, and ask me to sit down and wait. I am the only one she did not make an offer.
After all the guilty pleads are done (only 30 minutes after it started, an full room of 20+ people are done, each took less than a minute), I am the last one to go up.
I went up, state my name, then prosecutor said she is withdrawing the charge.
So it seems like the prosecutor will automatically withdraw charges if you file the 11b paperwork properly.
Based on my interpretation of R. v. Andrade, if you file your notice of intention to appear in court within 15 days as required, then you can calculate institution delay:
a) Inherent time requirements of case: 1 month
b) Accused delay: the number of days you took to file your notice of intention to appear in court
c) Institutional delay: trial date - offence date - a) - b)
If c >= 9 months, you have a case for 11b. In my case, c = 9.5 months, and I filed 11b paperwork 1 month before trial date.