What Happens If It Takes Longer Than One Year To Receive Traffic Court Date

[esoxlee]

My mother received a ticket July 22, 2007 for an unsafe lane change. Her trial date is on July 23, 2008. So if it takes longer than one year to go to trial, is the case thrown out?

[Rekognize]

Q: My trial is scheduled way beyond the offence date. What can I do?

A: Under Section 11(b) of the Canadian Charter of Rights and Freedoms, you are entitled to have a prompt trial after the alleged offence date. However, it doesn't specify a certain time limit because different crimes require different preparation effort on both parties. For traffic offences, a delay of about 8 months or more is considered unreasonable in Ontario. Some provinces say 1 year, but that's not important since if you can make your case convincing, a delay of 6 months can be argued. It should be noted that the delay has to be the fault of the province. If you have changed your court date multiple times, you have probably waived your right to be tried promptly. When it is determined that the delay is through no fault of your own, you can start filing a "Notice of Constitutional Question" form to the Crown, advising them that you wish to dispute the charge based on the Charter. It is advisable to file this form as soon as the situation arises, or at least 15 days prior to the trial. During the trial, make a motion to stay the charge(s) on the grounds that the defendant is prejudiced due to unreasonable delay on the part of the Crown. You should be prepared to have other defences available in case your motion is denied, or you can request an adjournment. Click here for an example of the form, and modify it according to your own case. This example also contains the situation where the delay is further caused by the Crown's failure to provide disclosure on time. Take that part out if it doesn't apply to your case. After you have completed the form, send it to the prosecutor's office responsible for handling your ticket, the court house (if it is different from the prosecutor's office), the Attorney General of Ontario and the Attorney General of Canada.

Source: http://www.magma.ca/~fyst/fystfaq.htm#trials

[GangStarr]

Don't expect the ticket to get thrown out. You can try, but they'll probably snap back and tell you theres a back log and to deal with it.

[iam_immigrant]

Don't expect the ticket to get thrown out. You can try, but they'll probably snap back and tell you theres a back log and to deal with it.

But it's not his problem/fault that the system is backlogged. So he should snap back and tell them to deal with it.

[DragonZealot]

From what I understand some JP's are OK if its over 1 year but some would need like 14 months. Its kind of YMMV but it doesn't hurt to apply.

Given your court date it is probably too late to apply for the motion. Did you request disclosure as well? If you did and they did not send you the disclosure or its incomplete you can apply for adjuournment and then you can apply for the motion for the new court date.

[baldy73]

What kind of unsafe lane change was it? Did it lead to any kind of accident (involving herself or others)? If not, if there were no injuries to any people or property, then it's a pretty straight forward matter, and yes, a year should be seen as being too long to bring it to trial.

As others have mentioned, you have left it too late to file a motion, but you could motion for an adjournment, to receive disclosure or even to give you tiime to craft your 11(b) application. Of course, the JP will make you waive the period of adjournment for consideration in the 11(b) app when it comes up.

So have you filed for disclosure, and have you received it? You're actually even too late for a proper motion to adjourn, which is 7 days, but motions to adjourn are heard on the spot regularly, but you're relying on the JP to allow your motion to even be heard at that point. Filing beforehand ensures that the JP will have to address your motion when your day in court comes up.

[CSAgent]

Super late bump but I am in the same situation - I just got my call to court yesterday - except:

My offense date was:

March 2nd, 2008

My Trial date is:

April 14th, 2009


Total time: 13 months, 12 days.
-------

Am I able to use this form? http://www.magma.ca/~fyst/question.htm

What happens after I send in this form, would I have to show up still or what? Any assistance from you guys would be greatly appreciated!

[ticketcombat]

The amount of time depends on the charge. One year is long for a minor matter. A serious offence can take over 18 months without triggering an unreasonable delay.

You really should be working on a disclosure request and arguing improper disclosure first. *********************************

You can download Form 4f here.

[Kasakato]

Super late bump but I am in the same situation - I just got my call to court yesterday - except:

My offense date was:

March 2nd, 2008

My Trial date is:

April 14th, 2009


Total time: 13 months, 12 days.
-------

Am I able to use this form? http://www.magma.ca/~fyst/question.htm

What happens after I send in this form, would I have to show up still or what? Any assistance from you guys would be greatly appreciated!

I believe that like should cover everything you need. Yes, you will need to show up (or your representative) at court for the motion.