Pre pandemic speeding ticket - Just got trial date

Chameleon

Chameleon

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So, I just got some fun mail in today. Notice of trial for a speeding ticket that I got in January 2020! It was in a community safety zone, so it was hefty and I opted to take it to trial. Then the pandemic happened and I never heard back from anyone. Was hoping it would just disappear... Nope!

Trial date is in May, and it's apparently via a online/video conference type deal. Has anyone had one of these online trials?

And more importantly, is there any way I can get out of this? Don't I have a right to a speedy trial or something? Statute of limitations?
 
Courts havent decided yet how they are going to deal with 11b (right to a speedy trial R v Jordan). Technically there was consideration for delays beyond the crowns control but a delay of years due to external factors was not considered. Normally 18 months was the line for a speeding ticket. You are at 28 months. I suspect you'd have a hard time getting 11b on that as courts were shutdown for months. It's worth a try. If you can come up with a good reason why the delay affects your defense you have a much better chance (eg. I had a witness that disputes the evidence but they died/moved out of country). The interesting ones will be current tickets where the courts are open but have a huge backlog. Does the crown get additional time for those? Probably not (but nothing decided by case law yet).

If you get lucky, cop is no longer working and you win. Virtual court probably doesnt let you see if they are logged in and waiting (it could but I doubt they would). Good luck.
 
GreyGhost said:
Courts havent decided yet how they are going to deal with 11b (right to a speedy trial R v Jordan). Technically there was consideration for delays beyond the crowns control but a delay of years due to external factors was not considered. Normally 18 months was the line for a speeding ticket. You are at 28 months. I suspect you'd have a hard time getting 11b on that as courts were shutdown for months. It's worth a try. If you can come up with a good reason why the delay affects your defense you have a much better chance (eg. I had a witness that disputes the evidence but they died/moved out of country). The interesting ones will be current tickets where the courts are open but have a huge backlog. Does the crown get additional time for those? Probably not (but nothing decided by case law yet).

If you get lucky, cop is no longer working and you win. Virtual court probably doesnt let you see if they are logged in and waiting (it could but I doubt they would). Good luck.
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From the court proceedings I saw a month or two ago, you would need to be charged in 2018.
 
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