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Canadian Law/Fighting Alberta Speeding Tickets

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Expert: - 5/7/2008


Question
Hello,

I received a speeding ticket in Alberta on September 1, 2007 and plead not guilty. I received a trial date in the mail for September 12, 2008. I have read on the internet that if your trial is more than 8 months away, then my right to a prompt trial under the Charter of Rights and Freedoms may be violated. Is this true? Also if I do wish to argue a Charter violation, what form(s) would I need to fill out to satisfy the Constitutional Notice Regulations? Do I only send a copy to the Prosecutor or do I need to send a copy to any other levels of the Court? Thanks for your help!

Answer
The length of time for a 11B charter argument was raised by the Supreme court a few years ago to over 16 months delay.
So I doubt your argument would help
As well this is a complicated Motion that would require you at the least consult with a lawyer.
You can get a free referral from
www.lawyerlocate.ca

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