Rep Power: 723

I need advice from those who may have already been in similar situation.

Last year August 18 2004 I got a speeding ticket doing 10km/h on Islington Ave just north of Queensway. The cop reduced it from 20hm/h over but I know I was not going that fast so I took to court.

Now in August 2005 I got a letter with court date set for November 21 2005. That is over a year past the date I got the ticket on.

I thought that if I am not convicted within a year the ticket gets dropped.

Has that changed? Anyone?

 
Rep Power: 714

I believe that its just a rule of thumb, there is nothing set in stone about a one year time period. But the crown attorney's usually watch that very closely and won't proceed if it goes beyond that. So I have to ask, is this the first notification that you have received regarding this matter? If not, have you asked that this matter be put over to another date for any reason whatsoever (to seek legal advice, previous trial dates conflicted with other matters, etc)??

 
Rep Power: 709

It is by no means an automatic dismissal of the charges.
The case you are referring to is R versus Askov (or Askoff I forget)
For this to succeed your best bet is to talk to points/x-copper/or a lawyer as it involves a constitutional challenge as it is cited as a violation of constitutional rights. I had asked the crown one time when I was in for a trial adn they said that its not something that can be brought up last minute at trial.

 
Rep Power: 724

^ROFL......and you believe what the crown had to say. Dude, let your representation take care of that BS. I'd never believe a word a crown told me.

 
Rep Power: 709

well I doubted it, but I got the charges down to what I had wanted anyway so it was ok, I was young and foolish at the time.

 
Rep Power: 723

it was my first notice...I have not delayed or extended for any reasons...

I guess I may ask for legal help just in case the crown tries to pull something...was hoping for automatic dismissal though...

 
Rep Power: 714

Then you have a chance that this may be withdrawn due to an unreasonable delay. If you had delayed this yourself for whatever reason then it would have been highley unlikely.

 
Rep Power: 721

They have 1 year to set a court date. They are so backed up they have been setting them with only days to spare for the last little while.

You can do a constitutional challange, and you have a good chance of winning. You have a right to a trial within a reasonable amount of time.

 
Rep Power: 735

My careless driving ticket court is 1 year and 2 months after i got the ticket and filed not guilty plea. There is nothign set in stone for 1 year. Statute of limitations simply states you are entitled to a speedy trial within a reasonable amount of time. So if judge ends up saying over a year is reasonable then yer screwed. But then again there are precedents like Askov as mentioned above.

Wow i actually remember something from law class....

 
Rep Power: 721

Which is why I said that he has a good chance of winning. A lot of judges think that waiting over a year to fight a speeding ticket is ridiculous.

I you can back up your argument with case law, you will almost always win.

 
Rep Power: 735

Ur probably right but do you think they'd treat a heavier ticket differently? Like my careless for example

 
Rep Power: 0

if u want to go with the undue delay argument u have to file something called an 11b before your trial . call Redline

(416) charged or (416) 534 0111 they will tell u how to do it or if u can do it yourself. its free.