Its been over a year and still no court date, what to do?
I got a 15 over ticket last march (2006). Then in July 2006 i got another 10over ticket ( i know, lol) . I decided to fight them both, went to the courhouse and filled in a form to go to trial. Its June 2007 - over a year since the first ticket and almost a year since the second one, and i still didnt get anything in the mail.
Is this normal? I was told by a friend that there is some sort of law that "entitles every citizen to a reasonable court date" or something like that, and anything over a year is not reasonable and would be dropped, is this true? Thanks |
your friend is correct about the law to a trial within a reasonable period. There is not set time period though, but it is generally understood that 12-14 months is the threashold. Though different JP's will look at it differently and have their own discretion... you would file a charter arguement to get it quashed
seeing as how you havent even gotten a trial date and its already been a year, I would say that you have pretty good grounds here to file such an arguement successfuly BUT, I WOULD MAKE SURE ONE THING, CALL INTO THE COURT OFFICE THAT THESE TRIALS WERE FILED AND MAKE SURE THAT THE COURT DATE WASNT ISSUED A WHILE BACK AND SOMEHOW GOT LOST IN THE MAIL OR SENT TO THE WRONG ADDRESS. ALSO CONFIRM WITH THEM IF A DATE FOR TRIAL HAS BEEN SET IN THEIR SYSTEM OR NOT. |
File the charter challenge. Your chances of having this thrown out are good based on the amount of time that's elapsed.
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Thanks for the replies, guys. How exactly does one file the charter challenge?
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