Question Regarding 11b - What Is The Process Of Filing It?

[danw]

Hey guys, I brought this up a few months ago, here are the facts:

April 2011: Mother received a ticket for not wearing a seatbelt

January 2012: Trial - cop never shows up due to a "snowstorm" (we were there, judge was there, Crown was there, obviously this is BS and the cop got lucky), trial postponed to June 2012

June 2012: Date of rescheduled trial

It's May 2012 now and the 13 months has passed for when an 11b typically gets granted. The question is: how do I get this 11b? What is the process? Do I go speak to the crown in person? Do I file it formally in written form? If so, who do I send it to?

I've read the process of fighting tickets, and realize that 13 months is the magic number for when 11b's are given, but I haven't come across any info regarding the process of getting this done.

Any help would be greatly appreciated.

 

[DOHC1]

I cant really give you much help on th 11b process...but when the cop doesnt show, can't you request a trial right then and there? I dont see how him missing the date would be grounds for postponing the trial..

 

[SLaP]

http://www.gtamotorcycle.com/vbforum/showthread.php?48405-11b-Charter-Application

 

[iFly55]

I cant really give you much help on th 11b process...but when the cop doesnt show, can't you request a trial right then and there? I dont see how him missing the date would be grounds for postponing the trial..

the crown needs the officer to be present to proceed to trial

the crown was able to convince the trial judge this "snowstorm" was a valid reason not to be present, and adjourn the trial to a new date

in a lot of places especially Old City Hall, the crown would have withdrawn the charge because the new date would further clog the system and they would have anticipated an 11b argument down the road

i've successfully submitted an 11b app using this guide: http://www.ontariohighwaytrafficact.com/topic2952.html along with R. v. Andrade

just keep in mind, just because your delay is 13+ months doesn't necessarily mean the crown will withdraw the charge pre-trial; be prepared to argue the 11b and use relevant reasons and instances as to how the 13+ month delay prejudiced you

 

[toysareforboys]

i've successfully submitted an 11b app using this guide: http://www.ontariohighwaytrafficact.com/topic2952.html along with R. v. Andrade

just keep in mind, just because your delay is 13+ months doesn't necessarily mean the crown will withdraw the charge pre-trial; be prepared to argue the 11b and use relevant reasons and instances as to how the 13+ month delay prejudiced you

Wow, great transcript It looks like the magic number is 13 to 15 months. Over 15 months it's for sure, 13 to 15 months you have to give reasons, i.e.:

(1) the right to security of the person, by minimizing the anxiety, concern and stigma of exposure to criminal proceedings; (2) the right to liberty, by seeking to minimize the effect of pre-trial custody or restrictive bail conditions; and (3) the right to a fair trial, by ensuring that proceedings take place while evidence is available and fresh.

I would certainly attest that the officers recollection of the events would not be "fresh" after 13+ months, and that his notes may or may not contain the amount of detail that his "fresh" memory might have provided

Make sure you let us know how it works out!

-Jamie M.

 

[Rob MacLennan]

I cant really give you much help on th 11b process...but when the cop doesnt show, can't you request a trial right then and there? I dont see how him missing the date would be grounds for postponing the trial..

The Crown's representative can request a delay which would continue the count toward 11b, but the accused can state that he is ready to go to trial. If the accused doesn't object to it, then the JP is likely to allow rescheduling.

In other words if you don't speak up, you'll likely end up making another trip to court.