Court date 19 months past ticket date, Charter of rights violation??
 

Well, I have a court date coming up on 19 months since the ticket date. Reading online I've seen that it's in violation of your charter of rights after 12 months, and then after 18 months it has completely violated section 11 (b) of the Canadian Charter of Rights. How do I go about filing this motion in court?

Do I just show up on day of trial and claim violation of my charter of rights? Do I have to file some paperwork?

nope they are good, since its traffic related..

Inb4 you delayed the initial court date already

Nope, never delayed anything, THat was my next step actually, then I realized its been 18+ months. Ticket date was in April 2014, court date is october 2015.

and how long ago did they set a date for your court date?

Interesting, how are you coming to that conclusion?

To the OP:

I have challenged the Province on the a violation of the Charter of rights and freedoms based on a court date (for a traffic violation) being given to me 14 months after the date of alleged offence. It was an interesting day in court, and a fantastic learning experience, but there are a few things you (or anyone thinking about a challenge such as this) should know.

1) You aren't going to to traffic court if you make a challenge against your charter of rights and freedoms. The cases in court before me were sentencing for a rapist, preliminary trial stuff for a coach accused of sexually assulting one of his players, sentencing for a guy guilty of drug trafficking and more. You challenge the province, you're going to real court. Judge, lawyer (for the province at least), court officer and court stenographer are all going to be in the room.

2) You don't just "show up on day of trial and claim violation of your charter of rights". You have to file, properly, and ensure all your paperwork is in order. You aren't doing anything simple here. The best way to explain it is to say you are accusing the province of a crime, and taking them to court for it.

3) The 12 month figure used and seen around the internet doesn't necessarily reflect traffic violations. In the province of BC precedent has been set so that a delay over 12mo is not necessarily in violation of your rights. When I challenged the courts in 2012 it was 16mo, with prejudice for a successful challenge.

Given the above three pieces of information, and my experience that your court date is typically delivered to you months before it actually happens, you have waited far too long to challenge a charter violation. While I am not a lawyer, I suspect you've left it too long to file properly. At the very least, you've left it far too long to be successful in your challenge...in my humble, but experienced, opinion.

Given the questions you've asked, there is basically zero chance you'd have any success without hiring a lawyer. That's not meant to be insulting, it's just a plain fact based on your knowledge to this point. The only thing that would change my advice to avoid a charter challenge would be if you received notice of your court date within the last 72 hours.

HTH,

-Dave

Lol.

So you believe your charter rights were violated and that you were entitled to have your court date earlier, but your next step is to delay the date further.

Your rights haven't been violated, everyone who has read this has had their intelligence violated.

I didn't make the rules, I just follow the protocols set by the government. Not my fault the cop is too lazy to make it after the trial adjourned. I have a 100% win rate with adjournments so i'll take my chances not paying tickets kthnx. :ilied:

If you got your ticket in Surrey (or Delta or Richmond), your traffic court date will be in Richmond. 18 months is an average time for tickets to be heard there.

And you know this because?......................Any number of reasons...tied up on duty somewhere else, illness, away on training, family emergency, even in another superior court at the time the trial was scheduled...lots of things. Polkice do NOT schedule their own court appearances...they are notified when the trials are going ahead and have to fit in. Sometimes that is not possible. I have had to miss traffic court because I was tied up on a major investigation that happened before court started. You can't walk away from a Fatal crash investigation to go to court.

This doesn't even make sense.

So you have already been to court regarding this issue? Why was that day adjourned?

By your original post you made it sound as though you had your first court date about this issue coming up and that you felt it was too long after the violation.

Now it turns out that you have already been to court once for this issue and the trial was adjourned for some reason?

Or maybe you are just saying some legal jargon you heard on Law and Order and are actually just a fucking idiot and don't know what the fuck you are talking about. Yeah I think this is it.

I was reading somewhere that officers do not have to physically be in the court room anymore for these types of things and can call in? Is that true?

Ya no you are the retard. This is the first date for this ticket. I've in the past adjourned other tickets. Then showed up on second appearance and won by default, 5/5 times in last 8 years.

:facepalm:

So the cop in this case wasn't too lazy to show up? So why did you post that bullshit. Honestly fuck you dude. I hope the judge shoves that gavel so far up your ass you have to get it surgically removed.

You're the retard who has gotten/disputed so many tickets in the last 8 years that 5 times the cop couldn't show up. Even at a 50% appearance rate for the officer you have gotten at least 10 tickets in 8 years?

Yeah I'm not the retard here, I have one ticket in the last 8 years of driving, and I owned up to my mistake and paid the fucking ticket.

Once again as I have stated so often in the past, these disputes need to cost more just to stop dumbasses like you with bullshit excuses from disputing just because they have nothing better to do on a fucking tuesday at 11am.

This thread has been added to the list of threads and posts on RS as well as various news articles and affidavits I have collected together to present to the minister of transport next month in order to get them to raise the fee of disputing a ticket from $25 to $110.

So why did you say it's not your fault cop is too lazy to make it when it has nothing to do with this court date?

You are the retard who doesn't learn. I hope you start losing your cases so that it might clue in that you probably drive like a dick to get these tickets and that you have no accountability since you have been lucky enough to win all your cases so far.

For starters, he will be standing in front of a justice of the peace, not a judge.
Huge difference there as one worked their way up through the court system and one is appointed, has formal education and was once a lawyer.
JP's do not have a gavel.

Secondly, in the old system ticket disputes were handled differently. Now the court people know when an officer is scheduled to work or is off and they schedule multiple disputes at a time to make it easier for the officers.

This all changed in the past year I believe. So expect a much less than 50% chance that the officer doesn't show up. I'd say a 90% chance that the officer will show up.

LOL. Kinda aside from my point.

But fine. In that case I hope he has a nice bobble head or something he can ram up OP's anus.

Hahahahaha butt hurt much? I'll be sure to dispute each and every ticket I get just to make people like you mad.

You obviously have one miserable life, if thats what you do in your spare time. But then again judging by your paragraph replies you obviously have nothing better to do.

Actually my life is pretty great.

But stupid little tits like you do annoy me quite a bit.

And yeah I'm the one who has nothing better to do, yet you are the one wasting a bunch of days every year in traffic court. Idiot.

I'll be sure to keep lobbying to get the dispute cost raised. You just keep being a moron in the meantime.

Exercising your legal right to file a motion is not having a miserable life.
There are different parts of life, social life, work life, etc.

meme here just knows how to use his legal rights and you don't know squat about it. it has nothing to do with his social life.

You do realize that just because this is a car forum doesn't mean we represent the whole "i love cars, fuck the police" stereotype right?

If you're guilty, don't dispute. all you're doing is costing taxpayers money and wasting everyone's time.

You didn't even talk about what the ticket is for. With the way you're being pretty immature on here, my bet is that you're actually guilty for this ticket and you're just avoiding responsibility.

Grow up bud. Just because someone had the balls to tell you straight up you're an idiot doesn't mean you have to act all tough. It doesn't take that much effort to see through your tough-guy attitude to see the retard. Saying "yeah you're right" or constructively contributing to the discussion probably would make you less of a dumbass.

And here would be the end result
:o)