OHTA.ca

So here's my situation, any advice would be appreciated.

On June 26, 2013 I received a ticket for 25 over in a 60 zone

In early October I received my notice of trial (Feb 25, 2014)

In early January I sent in my request for disclosure

In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed clarification, but there was no explanation as why the other things I requested were missing

In early and late February I faxed in two more requests for the information, no response

On Feb 25, 2014 I went to court, went to the prosecutor, and they offered me a deal of 15 over, no points. I said I had asked for clarification on the notes and she called over the officer to take me outside to explain the notes. We stepped out and he explained his notes and promptly said "you can either take the deal, or we can reschedule but the deal will be off the table, sit out here and think about it". So I thought about it, and he came back and asked me "what would you like to do?", I said "I don't know". He then offered to schedule, and the deal will still be there, just so I don't feel pressured. He seems like a very firm cop, but reasonable at the same time. I thanked the cop and shook his hand.

We went in, and the prosecutor called my name. After she promptly asked "What would you like to do?" (didn't ask for a plea). I said "I have just received clarification on the officer's notes, and would need more time to review them". And then JP and Prosecutor were fine and rescheduled the date to June 20 (a year, less 6 days from my offense date).

Now I don't know what to do... I called my broker and because I don't have a G license and that I'm under 25, my premiums will go up. I could file an 11b, but I was kind of late on my disclosure request and it wasn't made clear during the trial who's fault it was for the reschedule. Although, I could argue it...

I honestly don't mind paying the fee... I just can't afford my premiums to go up so much. I don't have much of a defense based on the disclosure... I mean I know there's a diversion program for petty theft... is that applicable to speeding tickets too? Think I can cut a deal to do volunteer work, or pay money to a charity?

Or maybe I can file the 11b and talk to the cop on the day of for advice before court? Seems silly, I know... but the cop sat next to the prosecutor the entire trial (while other cops were waiting on the benches). Is that normal? He seemed to be reasonable... I don't want to make it seem like a slap in the face that to offer to reschedule and still have a deal and then I file an 11b.

Any advice would be appreciated... I know ultimately I have to make the decision...

anyone? :s

What date did you file the ticket for trial?

the week after receiving it

11b may be successful. The tricky part is going to be who to attribute the delay. That would involve pulling transcripts and being prepared to argue that you could not have proceeded to trial without the officer going over the notes in that most people could not decipher what they contain. It could go either way so to put the odds in your favor I would hire a professional.

11b may be successful. The tricky part is going to be who to attribute the delay. That would involve pulling transcripts and being prepared to argue that you could not have proceeded to trial without the officer going over the notes in that most people could not decipher what they contain. It could go either way so to put the odds in your favor I would hire a professional.

Rough Timeline

Jun 26, 2013 	  Received Ticket
 
Jul 03, 2013      Filed for trial
 
Early Oct, 2013	Receieved Notice of Trial
 
Early Jan, 2014	Sent Disclosure REquest
 
Late Jan, 2014	 Picked up disclosure with no clarification
 
Early Feb, 2014	Requested additional disclosure
 
Late Feb, 2014	 Requested additional disclosure
 
Feb 25, 2014	   Trial date, received clarification for notes
 
Jun 06, 2014	   New Trial Date

If we subtract 30-days for intake period that leaves us with 10mths and 3 days, which is within the guidelines set out by Justice Libman in R. v. Andrade

The crown requires 6-8 weeks to process disclosure requests, and it appears you've "just" met this requirement. You'll have to bring evidence of your multiple disclosure requests at your 11b motion. You'll also have to argue that on Feb 25, 2014 you were unable to proceed to trial because the crown failed with their disclosure obligations. You were unable to mount a defence and make a full answer to the charges.

Thanks to everyone that replied. I think I'll proceed with filing and 11b motion. Nothing to really lose at this point. Thanks for all the help! I'll let you all know how it goes.