I read the Fight Your Ticket in Court thread, but would like more specific info on making an 11b Charter application. The time from the ticket to court date is 13 months. I've already received disclosure of the officer's notes. What I don't know, is where to access the form to make a Charter application, and whether I need to deliver the completed forms to the appropriate jurisdictions before the court date, or simply inform His Worship in court that I intend to file a Notice of Motion. Any help would be appreciated.
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11b Charter Application
- Thread starter mobilus
- Start date
About 1/3 down the page: http://www.magma.ca/~fyst/appndxb.htm
Document: http://www.magma.ca/~fyst/question.htm
... and have an alternate strategy ready.
Document: http://www.magma.ca/~fyst/question.htm
... and have an alternate strategy ready.
Yes, I've seen the Form 4F with your link, but is there an actual form document I have to get and fill out, or do I just type that as a letter with my particulars on it? Then, do I deliver this completed Form 4F to the Provincial Prosecutor's Office, Ontario Court of Justice, The Attorney General of Ontario, and The Attorney General of Canada BEFORE my court date, or do I just inform the judge at my hearing that I intend to file the Form 4F with these offices? Thanks again.
As clearly stated on the FYST website, you must inform the appropriate people AT LEAST 15 DAYS prior to your trial date. You can use the text from the FYST site or, if you prefer, this MS Word document.
http://www.ontariocourtforms.on.ca/english/forms/civil/forms/RCP_E_04F_1105.doc
...or this web based version:
http://www.law.utoronto.ca/documents/constitutional/form4f.htm
... or any of a hundred other such forms that can be found on the 'net. In this case "form" refers to the method of stating the argument. I would recommend that perhaps a month prior to trial, you send the letters as double-registered mail so that you have a receipt returned stating delivery to the appropriate persons/offices. Also have several copies of the letter printed and with you at trial, to be handed to the appropriate people should they claim to have not received such.
http://www.ontariocourtforms.on.ca/english/forms/civil/forms/RCP_E_04F_1105.doc
...or this web based version:
http://www.law.utoronto.ca/documents/constitutional/form4f.htm
... or any of a hundred other such forms that can be found on the 'net. In this case "form" refers to the method of stating the argument. I would recommend that perhaps a month prior to trial, you send the letters as double-registered mail so that you have a receipt returned stating delivery to the appropriate persons/offices. Also have several copies of the letter printed and with you at trial, to be handed to the appropriate people should they claim to have not received such.
Scottman42
New member
Where did you get the ticket? I know in Mississauga court they will not entertain a charter application unless it has been more then 13 1/2 months since you got the ticket.
Good luck
Good luck
they don't have the option to accept the 11b or not to. You can sumbit it if the trial is 2 months after the ticket. It is upto the discression of the judge as to whether he agrees with you.
I have a friend who fights tickets and she told me that with some judges they have succesfully filed an 11b argument before 12 months. She also told me that with other judges they have submitted it after 12 months unsuccessfully.
When I successfully submitted mine I had been waiting for over 14 months. Mine did not even get to the judge, the prosecutor reccommended and had the case dropped...I won.
Some prosecutors, sometimes will accept and concede the point like they did for me but I was told that is the exception. I was also told in courts outside of Toronto they never just accept it and always want to fight your argument.
If it's just a speeding ticket your main arguments should be
1) that the delay is undue and has harmed your ability to defend yourself
2) the delay is the fault of he court or the prosecutor
3) all evidence was collected at the scene, no further investigation is needed and therefore there should not have been a delay.
something along those lines.
I have a cached copy of the fyst site up at http://likestuff.globat.com/fyst so the corresponding links in Rob's first post would be:Many of the links in this thread are broken
http://likestuff.globat.com/fyst/appndxb.htm
and
http://likestuff.globat.com/fyst/question.htm
-Jamie M.
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