Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
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03-04-2009, 08:15 PM
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#1
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Retired Traffic Cop
Join Date: Oct 2001
Location: Nanoose Bay, BC
Posts: 9,025
Thanked 126 Times in 68 Posts
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Charter Argument for Ticket Dispute Delay
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03-04-2009, 09:53 PM
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#2
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ninja edits your posts without your knowledge
Join Date: Jan 2004
Location: Vancouver
Posts: 14,997
Thanked 6,370 Times in 1,795 Posts
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17 months.. hahaha I'll note that down.
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03-04-2009, 11:33 PM
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#3
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The "You'd Know" Moderator
Join Date: Apr 2001
Location: Home
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LOL I wonder how many work/vacation days he used to save a mere $600 dollars. The again, who in the right mind would speed excessively while not wearing a seatbelt.
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03-05-2009, 10:32 AM
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#4
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I bringith the lowerballerith
Join Date: Oct 2006
Location: PR
Posts: 1,140
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Good read and good to know. Although, I have heard arguments on behalf of the crown coming from the JJP that ignorance of proper notification must be made to the courts that there will be a Charter challenge is not an excuse and that part of the accused's argument was dismissed.
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"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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03-05-2009, 03:58 PM
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#5
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NEWBIE ACCOUNT!
Join Date: Oct 2008
Location: van
Posts: 22
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Actually, I am looking into this right now after 13 months. You must show that the delay prejudiced your defense. Its not the time delay itself that is examined but the that the delay diminished your defense with no fault of yourself. This has been successful in as little as 8 months. Over a year is a strong case. Time is calculated from receipt of ticket to first court date. Any delay on your part is not counted.
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03-05-2009, 04:03 PM
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#6
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I bringith the lowerballerith
Join Date: Oct 2006
Location: PR
Posts: 1,140
Thanked 253 Times in 131 Posts
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Quote:
Originally Posted by 03terminator
Actually, I am looking into this right now after 13 months. You must show that the delay prejudiced your defense. Its not the time delay itself that is examined but the that the delay diminished your defense with no fault of yourself. This has been successful in as little as 8 months. Over a year is a strong case. Time is calculated from receipt of ticket to first court date. Any delay on your part is not counted.
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Be sure to submit your Charter argument before the trial date if thats the route you're choosing. Like I mentioned, I have seen JJPs throw that argument out right away on people who come to court having not done anything about it prior to trial.
__________________
"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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03-05-2009, 04:10 PM
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#7
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NEWBIE ACCOUNT!
Join Date: Oct 2008
Location: van
Posts: 22
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Quote:
Originally Posted by sho_bc
Be sure to submit your Charter argument before the trial date if thats the route you're choosing. Like I mentioned, I have seen JJPs throw that argument out right away on people who come to court having not done anything about it prior to trial.
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Yes, you are correct, you need to file 2 weeks prior to your court date. You can get a package at the Crown Council office at the courthouse on Robson. You need to show that the delay caused prejudice.
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