A judge was asked to stay charges against two Barrie teens Monday on what was supposed to be the first day of their trial in the 2014 street racing death of an Innisfil mother.
Both young men were formally arraigned on charges each including dangerous driving causing death and racing causing death.
The accused, who cannot be identified under the Youth Criminal Justice Act, pleaded not guilty to all charges.
They were both 17 at the time of the crash.
Their lawyers argued the Charter of Rights 11 B motion in front of Justice Robert Gattrell in Barrie court.
The judge was told the case had taken too long to get to trial and was urged to stay the charges.
A stay means the charges could be brought back to life within one year of the stay.
"There is throughout this case some complacency," defence lawyer Terry Hawtin argued. "It troubles me greatly."
"The delay and waiting is difficult," he said. "It's not just about the accused. It's about the victims who have suffered a loss. It's about the public who has a concern that cases proceed expeditiously and efficiently."
Crown Frederick Temple began his reply to the defence motion by providing a brief overview of the allegations to "help the judge determine what is reasonable in this case."
Court heard that both accused were allegedly street racing on April 4, 2014 when the victim pulled out to make a left from a Tim Horton's on Mapleview Drive West.
One vehicle came upon her driving "well in excess of 100 km per hour," Temple said.
The victim, 45-year old Theresa Van Wieren-Wisch, was killed instantly.
Her 13-year old son, who was sitting in the passenger seat next to her, was injured.
Temple blamed some of the trial delays on trying to accommodate the schedule of one of the accused's lead defence lawyer Peter Brauti and other delays on an "error" and "miscommunication" by the trail coordinator.
"A fair review of the record will not support a culture of complacency," Temple said.
Defence lawyer Alex Alton insisted complacency was a factor.
"It's not a miscommunication. It's not a glitch," he said.
Justice Gattrell reserved his decision and adjourned the trial to Wednesday.
"I will make my best efforts to have a ruling," he said. "The irony of a delay application is that it causes a delay."
