iam_immigrant

i think i read it some where that if you request for a trial date and you dont get one is a certain amount of time you win cuz you werent given a date in a reasonable amount of time.

does anyone know if this exist?

and if yes, what is the time limit?

any help is greatly appreciated.

Cynikal.Mindset

yes, it does exist...not too sure on the time line but I'd guess the wait would have to be over a year, and thats not really likely but it has happened

imported_ERTW

there is no set time. you have to convince the judge that the offence happened so long ago that it is now irrelevant, and you might need a lawyer to do that. Considering the backlogs right now, it is common sense that trials will be scheduled in about a year in toronto, and that is what is considered normal. Therefore one year plus or minus a couple of months is reasonable. If you convince a judge why it is not reasoable, then you get off, but it is a huge grey area where you will most likely not be able to stand your ground without a lawyer.

imported_kane2k

Actually its not that the case is irrelevant that gets you off, its the fact that you can't be expected to recall the details of the incident and therefore you can't provide an adequate defence. You have to tell the judge that the offence happened so long ago that you have no recollection of the details. The reason why it gets you off is that the cop only has to read from his book and therefore the justice system itself, with its delays, has put you at a disadvantage. I had a Points guy go through all the motions for that defence. He had affidavits going to the Attorney General of Ontario if you can believe that. Its a longshot play and after it you can't really argue the details in court since you are on record as saying you don't recall them. I don't even know if it would have worked for me since the cop didn't show up anyway, I rescheduled.

Trials often do get scheduled about a year after the offence. They would take even longer and then speedtrap tickets wouldn't be worth handing out if all the sheep who pay lazy cop tax would just fight their tickets, since they are being charged for the privilege anyway.

GinoLicious

How are u suppose to remeber what happened a year ago. I cant even remember what i ate for breakfast.

iam_immigrant

i think i read somewhere that for Ontario it MIGHT be 8 months but i wasnt sure. So i guess the only way for this defence to work is to convince the judge that i can't remember much??

imported_94EG6HB

Search ASKOV...

imported_~ILLEST CIV~

it'z in the charter of rights and freedoms i do believe....the right to be tried in a resonable amount of time........chances are u won't get a break though....cause like someone mentioned the backlogs....it'z just a natural thing with traffic tickets.......always with a shot though to bring up the fact that it'z been a year and u can't remember. .

iam_immigrant

cool thanks so much. this is a gia-normas help

i was reading the sticky but then it was stating details from a texas ruling so i thought it was for states only.