July 20 2016 – WiseUpWinnipeg
A senior WUW member attended a trial this morning and also a delay motion with 11b this afternoon assisting the accused in two simple traffic matters (both photo enforcement alleged offences).
The 1st was a trial in MB SCC (373 Broadway) where the driver was authorised to drive a company vehicle (large national corporation). They were a manager for the company and provided their business card saying so. The court denied this saying they need official authorisation from the company President. They may have recognised our member and were trying to avoid the trial until they can try and come up with a better defence.
They issued an adjournment to re-appear with authorisation.
They will be filing a delay motion with 11b now. Stay tuned.
They had tried to argue during pretrial that the delay was over 18 months from offence date but the Crown said they had to file delay motion with 11b at least 30 days in advance and denied adjournment to do this.
They also tried to argue in pretrial that the box on photo with date was not visible. ACS / Xerox has stopped providing the original full size color photo and only providing cropped b & w like you get on the ticket and the date was not visible. This is a requirement in the regulations but the Crown said it was visible and would try and argue in court.
The 2nd was in MB Prov Court (408 York).
There was 21 month delay (none by the Accused) and a delay motion with 11b was filed. At the application hearing today the Crown tried to argue the accused delayed but they had not and our member argued there was no disclosure package yet.
The Crown offered to stay the alleged offense if the accused dropped the delay motion. This offer was accepted.
This is a first we have seen this. If it was a result of the lack of disclosure or unreasonable delay there has been many examples of either of these that should have been stayed as well but were allowed to proceed and then delay motion denied or conviction or accused mislead and bullied into half of fine plea bargain.
The Crown should have just accepted they were both in breach of charter 11b at pretrial and stayed which would have saved their, the courts and the accused time and public funds.
These are more of many examples of a waste of court resources (largely tax payer subsidised) just like the many trials, delay motion application hearings, delay motion hearings themselves and appeals to QB for simple traffic matters that should have never even been issued or at least a warning for drivers with good record or stayed by the Crown.
It costs about $1 Million a year for 10 Crown and their admin staff plus much more for JJp’s and Justices, extra clerks, Officers to attend court etc…
The court costs, victim surcharge (victim less in the case of most simple traffic matters) are not enough to cover the bloated costs of this program, extra court resources needed to process the ridiculous volume of simple traffic tickets, officers time and OT etc…
This a result of the City, Province, WPS and MPIC ignoring the root issues of aggressive targeting of dangerously deficient engineering and subsequent unfair and unlawful ticketing etc…
If you have had similar experience with unfair or unlawful alleged offenses, your charter or other legal rights or due process ignored, been lied to, bullied or mislead by the Crown or JJP’s and or are fed up of hearing others experience this we want to hear from you. Send an email to firstname.lastname@example.org. You will get a auto reply with general info about what unfair or unlawful alleged traffic offenses are, how you can contest them plus more details and links to more info.
We will try and respond personally when we have time (we are volunteer driven so please be patient).
Best to prepare for trial or delay motions well in advance as you will have a much better chance of getting cooperation from the Crown or Court and with being successfull with trials, delay motions or appeals.
For more info, to donate and volunteer visit www.wiseupwinnipeg.com