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Old 09-07-2008, 11:42 PM   #1
Danila318is
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Ticket: 124 in 100 km zone.



It was about 1 am, the highway was almost empty. I was driving home, a cop pulled me over on Gardiner just as I passed Islington. I was going 124 and speed limit is 100. Anyway, I have to go to court in two weeks, but this happened about 16 months ago. What should I do? Should I hire a ticket fighter, or should I go myself? I've heard if the ticket is older than a year it's thrown out or something like that. Is that true?
Any input would be very appreciated!
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Old 09-07-2008, 11:46 PM   #2
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16 months is too long and should be thrown out, but judging by your post, I would assume you have not filed the right paperwork to make that happen.

Too late now, try to make a good story in court.
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Old 09-08-2008, 09:36 AM   #3
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Time elapsed is not enough to get it thrown out of court.
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Old 09-08-2008, 10:25 AM   #4
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postpone it
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Old 09-08-2008, 11:14 AM   #5
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Originally Posted by Meegis View Post
16 months is too long and should be thrown out, but judging by your post, I would assume you have not filed the right paperwork to make that happen.

Too late now, try to make a good story in court.
And what would the proper paperwork be?
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Old 09-08-2008, 11:22 AM   #6
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Originally Posted by Danila318is View Post
It was about 1 am, the highway was almost empty. I was driving home, a cop pulled me over on Gardiner just as I passed Islington. I was going 124 and speed limit is 100. Anyway, I have to go to court in two weeks, but this happened about 16 months ago. What should I do? Should I hire a ticket fighter, or should I go myself? I've heard if the ticket is older than a year it's thrown out or something like that. Is that true?
Any input would be very appreciated!
I think next time you should be a little more proactive.

Meegis is right, you could have filed the paperwork to get the case tossed based on the length of time it took to get a court date. Too late now.
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Old 09-08-2008, 11:24 AM   #7
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Old 09-08-2008, 12:09 PM   #8
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Q: My trial is scheduled way beyond the offence date. What can I do?

A: Under Section 11(b) of the Canadian Charter of Rights and Freedoms, you are entitled to have a prompt trial after the alleged offence date. However, it doesn't specify a certain time limit because different crimes require different preparation effort on both parties. For traffic offences, a delay of about 8 months or more is considered unreasonable in Ontario. Some provinces say 1 year, but that's not important since if you can make your case convincing, a delay of 6 months can be argued. It should be noted that the delay has to be the fault of the province. If you have changed your court date multiple times, you have probably waived your right to be tried promptly. When it is determined that the delay is through no fault of your own, you can start filing a "Notice of Constitutional Question" form to the Crown, advising them that you wish to dispute the charge based on the Charter. It is advisable to file this form as soon as the situation arises, or at least 15 days prior to the trial. During the trial, make a motion to stay the charge(s) on the grounds that the defendant is prejudiced due to unreasonable delay on the part of the Crown. You should be prepared to have other defences available in case your motion is denied, or you can request an adjournment. Click here for an example of the form, and modify it according to your own case. This example also contains the situation where the delay is further caused by the Crown's failure to provide disclosure on time. Take that part out if it doesn't apply to your case. After you have completed the form, send it to the prosecutor's office responsible for handling your ticket, the court house (if it is different from the prosecutor's office), the Attorney General of Ontario and the Attorney General of Canada.
http://www.magma.ca/~fyst
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Old 09-08-2008, 01:29 PM   #9
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Hey would this work if I had already attended court 4 months after the infraction, cop doesn't show, the judge decides to adjourn it to a further date (****ing bitch of a judge, i pulled out every excuse and explanation in the book), and the new date is set for Jan 19, 2009 which is 9 months after the ticket was issued. The adjournment wasn't because of me so it should work no?

Oh and don't expect the court to be so lenient anymore, they've become big time assholes and will do everything they can to take your money and convict you. It's the first time in my entire life I've ever seen and heard of a cop not showing and the ticket not being thrown out!
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Old 09-08-2008, 01:40 PM   #10
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Hey would this work if I had already attended court 4 months after the infraction, cop doesn't show, the judge decides to adjourn it to a further date (****ing bitch of a judge, i pulled out every excuse and explanation in the book), and the new date is set for Jan 19, 2009 which is 9 months after the ticket was issued. The adjournment wasn't because of me so it should work no?

Oh and don't expect the court to be so lenient anymore, they've become big time assholes and will do everything they can to take your money and convict you. It's the first time in my entire life I've ever seen and heard of a cop not showing and the ticket not being thrown out!
Usually you need a good 12-14 months in Ontario now for the courts to care... you might be out of luck.
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Old 09-08-2008, 02:41 PM   #11
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Nice, I got 13 months. Will be filing that form! I keep postponing on reading that fyst site and the one Jay posted, but now I have to do this.
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Old 09-08-2008, 02:51 PM   #12
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Sweet!

I successfully used the threat of an 11b motion once around 5 or 6 years ago. A paralegal I used to know at the time said that every court will have a difference definition for acceptable time and that ideally, one should pull prior 11b motion cases for that court house to determine what the standard has been. At the time, the Sheppard/Yonge courthouse, now at Yonge city centre, has a maximum acceptable time of 12 or 13 months. An 11b motion was declined for a 13 month case, but for a 15 month case, the motion was successful. My case was 14 months old at the time.
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Old 09-08-2008, 03:06 PM   #13
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^^ Where can I find old cases?
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Old 09-08-2008, 03:11 PM   #14
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I believe only lawyers and paralegals have access to the system, which I believe is called CanLit. If you have a buddy who is in either profession, pull a favour from him. Law schools should have access to that too. The girl I used to know was a paralegal, so she pulled the cases for me.
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Old 09-08-2008, 03:18 PM   #15
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I found this. You can play around with it and see if something comes up.

http://www.canlii.org/en/on/
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