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Old 03-31-2014, 11:17 AM   #1
Arash
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Received notice to reschedule court date



I got a speeding ticket last year on my way back from MTL which I decided to take to court. I just received a letter stating that the officer will not be available on the court date and it will be rescheduled for 3 weeks after, but it says I can still attend.

I'm a bit baffled by this? Can they do this? What happened to good old days of charge being dropped if officer doesn't show?

Last edited by Arash; 03-31-2014 at 02:13 PM.
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Old 03-31-2014, 12:32 PM   #2
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They can definitely do it, even on the spot. I've heard of cases where people show up, the officer doesn't, and the judge reschedules for a new date then and there. For a collision/careless case of mine the other driver was called by the crown and didn't show. The crown prosecutor tried to reschedule. We argued it was out of town for us and also for the other driver and as they were a cottage neighbour, sympathetic to us, they likely weren't going to attend a rescheduled date either. Judge agreed and dismissed charges.
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Old 03-31-2014, 02:08 PM   #3
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I think I'm going to show up too as I've already got the day off. They can't do this with such short notice
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Old 03-31-2014, 11:47 PM   #4
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You should try to reschedule the appointment as well as closer to the court date as permissible, say your legal representative is unable to attend the court date. Reschedule as many times are they allow you, there is a big chance your case will "fall through the cracks" and will be thrown out.
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Old 04-01-2014, 09:46 AM   #5
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Adjournments really are you best shot at getting the ticket thrown out. Typically they are not fixed to the cops schedule so they are more unlikely to attend. Also be sure to request disclosure. If Disclosure is never given its impossible for you to defend yourself properly; meaning that the case can be dismissed if you prove that you tried multiple times to get it.
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Old 04-01-2014, 11:17 AM   #6
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Quote:
Originally Posted by DANIMAL View Post
Adjournments really are you best shot at getting the ticket thrown out. Typically they are not fixed to the cops schedule so they are more unlikely to attend. Also be sure to request disclosure. If Disclosure is never given its impossible for you to defend yourself properly; meaning that the case can be dismissed if you prove that you tried multiple times to get it.
+100000000000 forgot to mention to ask for disclosure
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Old 04-01-2014, 03:15 PM   #7
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I really am not looking forward to driving hours to discuss an adjournment with them. My dilemma is whether there's a chance of it being thrown out if I do show up on the original trial date
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Old 04-01-2014, 03:49 PM   #8
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You usually can get the adjournments over the phone if you are out of town. Just say that something has come up at work and you will be out of the country, have an school exam, etc. If you don't show up on the current trial date you will simply be convicted, officer or not. If you were sent a new date I would suggest you no longer have a trial scheduled for the original date provided. In your position, where I was told the officer could not show on the original date, I would call the prosecutor and try to have the trial set back to the date you were originally scheduled. You can make a few claims. (EG. I took time off work, and explain that unnecessary hardships are abound if its delayed). As a citizen of Canada you have the right to a speedy and fair trial. Given that the prosecution is delaying I would suggest that it is infringing on your rights (this argument is typically only valid after 10 months of waiting). Typically you can call the prosecution office and discuss with the paralegal, that usually answers the phone, what your options are. I would also be looking at forums for this specific subject to ensure minimal surprises given this court is located in Quebec. Also take the time to review how to address the court, should you ever do so. JP are referred to as "His/Her/Your worship" as they represent the Queen while on the bench.
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Old 04-01-2014, 04:59 PM   #9
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Just called and talked to the prosecutor. He said if I do show up and want a trial they'll just ask me to come back on the new date. The only other option is to show up and settle for a lesser fee with him. I asked to reschedule the new date they've provided and he said I need to go in to discuss that

btw the delay is not by much, original date was set for Apr 2nd (tomorrow) and the new date they've set for May 14th
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