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Traffic Court: What to Expect?

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Old 02-22-2012, 09:13 AM
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Originally Posted by Seymor Butts
Soooooooo much mis-information in here its nuts.

First thing's first - cops are not required by any law to attend court. Unless something has changed that I do not know about please show me this law.
Its part of the police services act. The only reason they dont show up sometimes if they are caught up in another activity and couldnt make the time. (Section 42)
Old 02-22-2012, 10:18 AM
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Originally Posted by starchland
The charter of rights says no longer than 8 months between offence date and court date...how long has it been?

Originally Posted by husseinj3
Good for you

I have a question for seymore though.

You sound like you know what you're talking about, appreciate your help.

I go pulled over in September for speeding by the OPP on the 404 and applied for a trial date, and have it on Mach 12th. The thing is, I filed for disclosure twice, and still haven't got a call saying its ready to pick up, and I have proof of filing it twice. If they do give me a new trial date, would that consider enough time to motion an 11B, the right to have a trial in a reasonable amount of time (i think its 8 or 10 months)?

I don't know if theyre gonna drop it because it wasn't something small like a 10 or 20 over lol
Section 11(b) of The Charter say "Any person charged with an offence has the right to be tried within a reasonable time;". There is no mention of 8 or 10 months. Reasonable time is pretty open to interpretation. I would say 8 months in most cases is pushing it, 10 is maybe, but for sure 1 year is over the top. But again, its open to interpretation here - there was never a time limit set for this exact reason.

Now if you requested disclosure and there isn't one - they have nothing on you. No disclosure means no evidence. No evidence means no case. Pretty cut and dry here. I'm glad you did this, this may very likely save you out of this ticket.



Originally Posted by kryptonite
Originally Posted by Seymor Butts' timestamp='1329920138' post='21438753
Soooooooo much mis-information in here its nuts.

First thing's first - cops are not required by any law to attend court. Unless something has changed that I do not know about please show me this law.
Its part of the police services act. The only reason they dont show up sometimes if they are caught up in another activity and couldnt make the time. (Section 42)
Ok. And who is going to enforce Section 42 of the PSA? I hope I don't have to break this down for you, but no officer is ever going to get charged for not showing up to court for some type of a speeding ticket they wrote 6-12 months ago.
Old 02-22-2012, 10:58 AM
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Very interesting topic!
I have always wanted to know more about this.
Old 02-22-2012, 12:35 PM
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Originally Posted by husseinj3
Good for you

I have a question for seymore though.

You sound like you know what you're talking about, appreciate your help.

I go pulled over in September for speeding by the OPP on the 404 and applied for a trial date, and have it on Mach 12th. The thing is, I filed for disclosure twice, and still haven't got a call saying its ready to pick up, and I have proof of filing it twice. If they do give me a new trial date, would that consider enough time to motion an 11B, the right to have a trial in a reasonable amount of time (i think its 8 or 10 months)?

I don't know if theyre gonna drop it because it wasn't something small like a 10 or 20 over lol
Sounds like a 50 over . Dont worry... Sounds like you have this one!





On another note, lets start a seymour butts legal advice thread
Old 02-22-2012, 02:19 PM
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For the OP, update?
Old 02-22-2012, 06:51 PM
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[/quote]

Ok. And who is going to enforce Section 42 of the PSA? I hope I don't have to break this down for you, but no officer is ever going to get charged for not showing up to court for some type of a speeding ticket they wrote 6-12 months ago.
[/quote]

Well I would guess it would be more of an internal review thing for them of not fully doing their duty
Old 02-23-2012, 05:51 AM
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Originally Posted by kryptonite
Originally Posted by Seymor Butts
Ok. And who is going to enforce Section 42 of the PSA? I hope I don't have to break this down for you, but no officer is ever going to get charged for not showing up to court for some type of a speeding ticket they wrote 6-12 months ago.
Well I would guess it would be more of an internal review thing for them of not fully doing their duty
Yeah its there in place in case they NEED to use it - but never do. Probably most of the laws out there are there "just in case."

It's also stupid to have that additional law if you ask me - which just proves what I was just saying. Think about it, you're under a court order to show up in court. Doesn't matter if you're a police offer or not, a court order is a court order.

Even then, if you miss your own (traffic) court date, no one is going to come after you and jail you for it.. Unless of course there are other circumstances at play; in which case you have bigger things to worry about than a speeding ticket lol.
Old 02-23-2012, 12:15 PM
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I got 10 non moving infractions this year a combonation of no front plate, exhaust tickets and a bunch of other bull shit. Now here is the key and most important thing cause every single one got dropped and none took more then 30sec.

MAKE A DATE WITH A PROSECUTER NOT A COURT DATE!!!!!!!!!

This will happen faster 6-8 weeks not months. Once you have your date you show up and everyone there (usually about 15-20 people) will be called in one at at time. Make sure you bring evidence that you have solved the problem...put the plate on got your sticker whatever. They then tell you all dropped have a niced day and you are done.

I officially don't care about the front plate anymore cause I either get off cause I tell the cop my intention and they don't bother or I know that it will be 100% dropped.
Old 02-23-2012, 12:57 PM
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I got a ticket for no front plate in york region - the cop told me I could just put it on the car and go to the court house and talk to the prosecutor so that's what I did (take pics of front+back), no appointment or anything like that required. I just took a number and waited about 30 min to talk to them, showed pics and it was dropped
Old 02-24-2012, 06:07 AM
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