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01-04-2018, 10:52 AM
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#1 | | WOAH! i think Vtec just kicked in!
Join Date: May 2005 Location: vancouver
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| Length of time for ICBC court dates
After disputing a speeding ticket, anyone have any recent experience in how long until you get a court date?
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01-04-2018, 11:00 AM
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#2 | | I *heart* Revscene.net very Muchie
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at least 3 months
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01-04-2018, 11:20 AM
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#3 | | Ricer Mod
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I waited over a year. I could have filed to have it thrown out due to length of time but I didn't do the paperwork needed in time.
Berz out.
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01-04-2018, 02:33 PM
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#4 | | Need my Daily Fix of RS
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I got a ticket in May, and my court date is set for Jan 12th. Received the notice about 2 months ago.
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01-05-2018, 01:24 PM
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#5 | | NEWBIE ACCOUNT!
Join Date: May 2016
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got a ticket in September but no court date yet. Usually takes about a year or two for a date. Not my fault so cops gonna lose this one.
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01-05-2018, 01:49 PM
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#6 | | WUB WUB WUB WUB WUB
Join Date: Oct 2007 Location: Surrey
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My last one took a year and a half
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03-22-2018, 05:30 AM
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#7 | | Witness protection
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ticketed june 2017, recieved letter yesterday to go to court in may.
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"The guy in the CR-V meanwhile, he'll give you a haughty glare. He's responsibly trying to lessen his impact, but there you go lumbering past him with your loud V8, flouting the new reality. You may as well go do some donuts in a strawberry patch and slalom through a litter of kittens." Dan Frio, Automotive Editor, Edmunds
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03-22-2018, 12:37 PM
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#8 | | Need to Seek Professional Help
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| Quote:
Originally Posted by Berzerker I waited over a year. I could have filed to have it thrown out due to length of time but I didn't do the paperwork needed in time.
Berz out. | Tell us more about this. What paperwork? How long is too long? Where do I fill this?
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03-22-2018, 01:53 PM
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#9 | | To me, there is the Internet and there is RS
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Originally Posted by YammieNoob got a ticket in September but no court date yet. Usually takes about a year or two for a date. Not my fault so cops gonna lose this one. | You can blame the "dispute everything" crowd for clogging up the courts by disputing valid tickets.
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03-22-2018, 08:54 PM
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#10 | | I wish I was where I was when I wished I was here
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Originally Posted by underscore You can blame the "dispute everything" crowd for clogging up the courts by disputing valid tickets. | This and the even worse low lives who would write to push the court date even further back because they "can't attend" first court date.
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Last edited by hchang; 03-22-2018 at 09:10 PM.
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03-23-2018, 07:50 PM
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#11 | | I contribute to threads in the offtopic forum
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Originally Posted by bananana Tell us more about this. What paperwork? How long is too long? Where do I fill this? | It something to do with our charter of rights and freedoms. Something about we are entitled to due process within a "reasonable" amount of time. Usually the reasonable amount of time is 12months I think.
So if it's longer than 12months, then that violates our rights?
Something like that. Not sure what paperwork you have to file though.
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04-01-2018, 02:46 PM
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#12 | | I bringith the lowerballerith
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| Quote:
Originally Posted by PeanutButter It something to do with our charter of rights and freedoms. Something about we are entitled to due process within a "reasonable" amount of time. Usually the reasonable amount of time is 12months I think.
So if it's longer than 12months, then that violates our rights?
Something like that. Not sure what paperwork you have to file though. | You can attend the court registry and apply to the courts to have the ticket dismissed due to an infringement of your Charter Rights to be tried within a reasonable amount of time (Section 11b of Canadian Charter of Rights and Freedoms). For traffic tickets in the LMD, the “reasonable amount of time” used to be approximately 18 months, but I haven’t worked in the LMD for several years. In my neck of the woods in the north, tickets usually make their way to court in less than a year.
The time calculated is time that is the fault of the Crown, so when a defendant adjurns their court date however many times they might, that time doesn’t count toward unreasonable delay. For example, trial is set for 1 year after the charge date, defendant delays 5-6 months due to work schedule, travel plans, etc, but police are ready and able to proceed during that time. Then police delay 1-2 months due to their schedule. The delay decision would be based on the 13-14 months only.
These applications are heard in Provincial Court, in front of a Judge, at the first level, moved up from a Justice of the Peace in traffic court. Rules and processes are slightly different and any Charter applications are best argued by a lawyer. Appeals of a decision in Provincial Court then get heard in higher courts, all the way up to the Supreme Court of Canada which is the last stop.
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04-01-2018, 02:49 PM
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#13 | | RS Veteran
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__________________ Quote:
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