Inquiry: My traffice violation occurred on Feb. 23, 2010 but my court date is set for Feb. 25, 2011. Can I have the case thrown out because it has been more than a year since the offence ?

Response:  An application to the Court to have a case dismissed due to delay is a fairly involved process and generally starts to become an option once a case has exceeded the one year mark.  There is unfortunately no clear answer that I can provide to you on whether or not your specific application would be granted as there are a number of factors that come into play, both for and against, in such applications.  If you indeed to persue an application to have your charge dismissed due to delay, it would be strongly recommended to have a licenced paralegal do so on your behalf.  If you would like to discuss your case and the likely success of filing a Charter application in specific, our staff may be reached via the toll-free number 1-866-801-8299.

Greg Currie
Office Manager, London