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Fast Pack Slow Guy
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4,722 Posts
Discussion Starter #1
My trial date has been set for 10 months post the date of the alleged offence of speeding on my bike. I'd like to challenge the offence by challenging that my right to a speedy trial has been violated. I know that by doing this, I must submit a Notice of Constitutional Question form before my trial date.

Does anyone know how to attain this form and exactly where to submit it (court house? Prosecutor's Office)?

I realize that many people assume that 1 year is the 'cut off point' but court cases have been dismissed on this basis after only 8 months.
 

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builder of bikes
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4,802 Posts
The precedent was set in New Westminster traffic court. It was 6 months and 17 days. It opened the door for a lot of challenges. Remind the judge of this precedent.

I think you need to contact BCCOM on this one. I'm sure they have it or know where to obtain it.

http://www.bccom-bc.com/
 
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Guest
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The Limitations Act in the Revised Statutes and Consolidated Regulations of B.C. states that the limit is two years. I cannot find any reference to anything less than that, but who knows, perhaps the Motor Vehicle Act has its own statute regarding due process (aka "a speedy trial").
 

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Black on black crime
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873 Posts
My last 2 tickets were 1 year and a few months to get a trial, so 10 months is "speedy".
 

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336 Posts
there is a lot of work after you file that complaint. you will have to do lots of research on different trials to prove that the time delay of 10 months hinders your rights for a fair trial. i believe you will spend more than 1 day in court. the first one to dispute the time it took and the judge will decide if your claim is fair or not. then the next court date you will provide you evidence on how the time delay will affect your fair trial.
so you will miss 2 days if you are working and spend quite a bit of time going through old court documents to find trials that are similar to yours.

i think that this is all correct. someone correct me if i am wrong

i have waited over a year for some of mine.
 
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my offence was beginning of august, i am going to trial end of april. almost 9 months.
 

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Banned
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569 Posts
Just got some cout dates today for Duncan, about a 10 month delay. The actual name of the precedent setting 6month 17 days would be great if anyone knew it, or the approximate date of that decision!
 

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Banned
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2,578 Posts
10 months in BC is average. Actually, better than average.

As for our back-logged court system, for some of us riders it's better than the alternative. We ought be aware that -2 years ago- in an effort to unclog the courts of MVA offences, the Police were granted the right to effect -with one radio call to their Supervisor for an additional license check- full license suspension(s) up to 90 days in length. It depends as much on the infraction as it does on the mood of the popo you're dealing with. And the suspension is as good as an order from the SuperNintendo of Motor Vehicles... and that's who you have to fight to have it reversed. :rolleyes

If you got a ticket, and it's just for money... consider it a lucky day. And 'ten months' ...it'll come soon enough. Don't be in such a hurry. ;)

:rider
 

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isn't 6 months the limit for a criminal case heard in provincial court? One would think a MVA offence would indeed be less......
 

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Fast Pack Slow Guy
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4,722 Posts
Discussion Starter #12
Just because 10 months is the average, doesn't make it not a charter infraction. Just like driving about 10km above the speed limit is the average flow of traffic, doesn't make it legal... officer.
 

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Tatt.. you should be able to get off on that if they've established a 6 month timeframe...... I did this for a photoradar tix and won... cases were dismissed... cant remember exactly what I did.. (few years back now)... my ticket time frame was much longer than 10 mos though...

links:

http://www.sense.bc.ca/fighting.htm#Constitutional

http://www.sense.bc.ca/fighting.htm


# Constitutional Issues

* see the Canadian Charter Of Rights And Freedoms
* Note: if you intend to make a Constitutional argument, you need to file a NEW!"Notice of Constitutional Question" under the Constitutional Question Act, at least 14 days before your hearing. If you fail to do this, you can usually get an adjournment to meet the process.
* There was a long delay between the date of the offence and the date you get in court, or because everyone is disputing their tickets, the courts are clogged and cannot hear your challenge for months -- the charges may be dropped if you can demonstrate prejudice. This may need to include extreme stress, disruption of family life, loss of witnesses, loss of evidence, loss of memory, etc. (see R. v. Morin, [1992] 1 S.C.R. 771, 71 C.C.C. (3d) 1, and more importantly R. v. Fagan (1998), 115 B.C.A.C. 106, 189 W.A.C. 106).
* Inequality -- are you denied rights because you received your ticket weeks or months after the alleged offence? Note: if you received your ticket within 25 days of the offence, you will likely not have an issue (see current case law in R. v. Hedayat below) -- however, after 25 days, you might be able to make a case!
* Inequality -- are tickets issued to all vehicles photographed, even those from outside the province?
* Inequality -- is the driver who gets a conventional ticket more equal than you?
 
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