Court Location Change

[Feruk]

So I got a ticket on Sunday right outside of Okotokes. I won't mention too much of the details (not relevant), but basically my question is about moving court locations. I'd like to take it in front of the justice of the peace, or potentially even to court, but can't go to Okotokes on a weekday (out of vacation days). I'd like to move it up to Red Deer and have it heard here.

Anyone have experience with this?

[ercchry]

i believe that is impossible... and with okotoks i believe that they only have a jp once or twice a week?

[dexlargo]

Usually you can move a hearing to another jurisdiction, but only for the purposes of pleading guilty. If there is a live issue that needs to be determined by a judge, that can only be done in the originating jurisdiction.

The Alberta Courts website has a pamphlet on traffic offences: http://www.albertacourts.ab.ca/pc/traffic/TrafficCourt-youvebeencharged.pdf

Here's the relevant bit (7b, bottom of page 7):

If you want a charge transferred from one Traffic Court location to another for a guilty plea, see the counter clerk at the Traffic Court location to which you want the charge transferred. You will be asked to sign a request for waiver form. You should do this well before your next appearance date, because it will take several days for your request to be processed and documents to be transferred. A Crown prosecutor must approve the request for waiver.

If you end up not pleading guilty in Red Deer, the matter gets sent back to Okotoks and you'll have to deal with it there.

[Feruk]

Thanks for the reply. If I pleed guilty, can I still see the prosecutor and ask for a reduction?

[dexlargo]

I don't know whether they will choose to deal or not in Red Deer, but the prosecutor has the ability to do so.