11b Application With Adjournment By Court
I filed an 11b challenge a few years ago, which was successful. The time to go to trial was 13+ months.
Now I have an infraction that occurred on 12 April 2013 and my court date was just past on 20 February 2014. It was 10 months and 8 days so I tried for another 11b challenge.
I met the prosecutor as usual and noticed she had my application but kept it in a separate pile. She offered a lesser charge (didn't specify) but with no demerits and $150 fine. I asked her if she had my application and at first she denied having my application. She shuffled through her papers (not the separate pile) till she saw I had 2 copies in hand and then suddenly found it buried at the bottom of that pile.
She warned me that typically 11 or 12 months gets dismissed but 10 months is 50/50. I chose to go to trial as I'm moving to Brampton and don't need the premium increase.
The cop was there but as the court ran late (9am start) by 945 they were adjourning many trial cases. When I was called up she said that I chose the trial option but I then said that there was the matter of the constitutional challenge. She then interrupted me and said that yes, there was an 11b and that there was no time to address and as such requested an adjournment till March. I was confused by this move but didn't remember to state that any delay would add to my 10 months. She asked for sometime in April but the cop wasn't available so they settled on 14 March 2014. I nodded my head and they asked me to write it on a piece of scrap paper. They then moved on.
When I go back it will be 11 months and 2 days. I will gather the court transcripts before I go to court. My options are:
A new court room, a new JP, a new prosecutor (possibly) so I use my existing application and argue that the court delayed the trial at the behest of the prosecutor and I now stand at over 11 months (which the prosecutor at least said was surefire). I could also refer to R v Andrade and R v Hariraj as precedent where the JP's granted a stay.
Redo a new 11b application with the time changed to 11 months and including the court/prosecutor caused the additional delay. This might just be flat down granted and charges withdrawn assuming they know about the precedents quoted above.
Any advice would be appreciated.
Thanks.