OHTA.ca

What are my odds of succeeding in my 11b motion in December?

I was given a speeding ticket on Dec. 24, 2015.

I requested a trial the following week - so lets say the request was received by January 8, 2016 (Christmas delays and what not).

Trial date was set for July 6, 2016. I requested disclosure and received it.

I arrived on the trial date but the officer was not present. Prosecutor said the officer informed him on July 5, 2016 he had to attend a funeral on the date of the trial. I pled not guilty. The JP said she would adjourn the trial. I requested a stay since the officer was not present. The JP said that due to the officer's exceptional circumstances, she would give him another chance to attend the trial.

The trial was adjourned to the nearest possible date: January 4, 2017.

I received a notice in the mail a few weeks ago the officer could not attend that trial date and successfully adjourned the trial to December 21, 2016.

11.5 months will have elapsed between the time I requested a trial and the court date.

What do you think?

Where was the ticket issued? In Toronto, or around the GTA, it can take well over a year given the high volume of tickets given out and backlog of court matters.

I don't think it will fly anyway, 11.5 months is not horrible, but you are getting close for sure...