Search found 36 matches

by Saskman
Mon Apr 24, 2017 8:56 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Appeal court questions

Hello whenaxis, So you are saying that s. 813 of the Criminal Code of Canada, pertaining to summary conviction appeals, does not grant the right to appeal? I was studying cases on CanLII's website and noticed many traffic infractions were appealed on grounds laid out under s. 813: https://www.canlii...
by Saskman
Sun Apr 23, 2017 4:06 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Appeal court questions

Folks, I have filed already a notice of appeal. I have a question if anyone with knowledge could kindly answer: 1) Can a legal argument which was not introduced at trial, be introduced in appeal? Example, no mention of a certain rule or regulation, or court case precedent was brought up in the defen...
by Saskman
Sun Apr 16, 2017 9:01 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 km/h over & fail to surrender permit MV- First Offense
Replies: 11
Views: 2066

Re: 49 km/h over & fail to surrender permit MV- First Offens

Did you admit to it? Did you make sure there were signs posted advising you of the construction zone?

Like daggx suggested, you must obtain the disclosure to see what evidence the police officer has on you, if any.
by Saskman
Sun Apr 16, 2017 5:09 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Two stop sign infractions but one ticket?

Hey guys Can anyone take a look at my grounds for appeal of my notice to appeal and tell me if everything is acceptable? This is my first time doing this so I've been using the resources I can find online. https://cache.nebula.phx3.secureserver.net/obj/NTM4QkM0OUM0RDAxQTZBNEEzODM6M2E4MTM5YmU3NzE3ZjN...
by Saskman
Sun Apr 16, 2017 11:14 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to stop sign, trial tomorrow. Am I ready?
Replies: 7
Views: 2047

Re: Failed to stop sign, trial tomorrow. Am I ready?

A lot of cases when the defendant testifies, the justice of the peace or the judge conducts a "W.D. analysis" and it comes from the case law R. v. W.(D), [1991] 1 S.C.R. 742, which states: First, if you believe the evidence of the accused, obviously you must acquit. Second, if you do not believe th...
by Saskman
Fri Apr 14, 2017 2:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failed to stop sign, trial tomorrow. Am I ready?
Replies: 7
Views: 2047

Re: Failed to stop sign, trial tomorrow. Am I ready?

Do you have any proof that you requested media files from them when you asked for disclosure and they said-- NO. If so, that would be trickery and you could ask the court for a delay pending review of disclosure not initially revealed to you. In your position, I would wholeheartedly inform the court...
by Saskman
Fri Apr 14, 2017 12:44 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Two stop sign infractions but one ticket?

Hey folks, The justice ruled against against me. Nonetheless, I plan to appeal the ruling under error of law, which I believe there is substantial and straight-forward evidence of. For my notice of appeal, which I intend to file with the court on Tuesday, I am seeking to include something along thes...
by Saskman
Sun Mar 12, 2017 8:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Two stop sign infractions but one ticket?

Well, I got a call the other day and it was to delay the hearing for another month and few days; there was a major snow storm and the justice told me that he could not make it on time and was having trouble viewing the video. He has not decided whether to admit the video or not. Postponed until Apri...
by Saskman
Tue Feb 21, 2017 11:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Two stop sign infractions but one ticket?

Hey folks,

In peoples experience here, is a delayed verdict better for the defence or the prosecution?

With my case, the judge said he had many things to consider and review. I felt it was in my favor but was wondering your expert opinions?
by Saskman
Wed Feb 15, 2017 11:27 am
Forum: General Talk
Topic: Recommended charge to plea down to?
Replies: 14
Views: 1257

Re: Recommended charge to plea down to?

That may be true in many cases but often I have sought a second version to the story which has resulted in no charge being laid. If you say nothing the officer can only rely on the other person's version of events. On top of that is the tactic I recommend to my friends: be friendly and apologise. O...
by Saskman
Tue Feb 14, 2017 11:15 pm
Forum: General Talk
Topic: Recommended charge to plea down to?
Replies: 14
Views: 1257

Re: Recommended charge to plea down to?

They have no evidence of anything, aside from possibly the cop's word. I believe in the mantra of, "admit nothing, deny everything, make counteraccuations". I believe in the Legal Advice 101 rule, which states: "Never say anything to the police." Nothing you say to the police will benefit you; if a...
by Saskman
Sat Feb 11, 2017 1:33 am
Forum: General Talk
Topic: Recommended charge to plea down to?
Replies: 14
Views: 1257

Re: Recommended charge to plea down to?

Who cares if you did it. They have to prove beyond reasonable doubt that you did it. Ask for the disclosure and see what evidence they have at all. Just because you may have admitted it at the time, doesn't mean they have evidence that you ever did. I would challenge it in court. They want to waste ...
by Saskman
Wed Feb 08, 2017 3:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Two stop sign infractions but one ticket?

I had day 2 of this stop sign trial (another full hour today of me questioning). Decision was not given today, the justice told me that I can be reached by telephone for the decision March 8th- attend only if I want to. He has alot of evidence to consider. The justice refused to consider the second ...
by Saskman
Sat Jan 21, 2017 4:30 pm
Forum: Hand-held devices
Topic: What if car is stopped at traffic light
Replies: 26
Views: 3257

Re: What if car is stopped at traffic light

Well, how can the officer actually prove you were on your phone at the stop light (whether you were or were not, irrelevant)? This has to be proven in court, beyond any reasonable doubt. Unless you admitted to the officer and he had a body camera or a microphone with him, as some Ontario police do, ...
by Saskman
Thu Jan 19, 2017 3:25 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 4906

Re: Two stop sign infractions but one ticket?

Congratualtions on doing what sounds like a good job in court! Basically after you ask all the officers all the questions you want, you will then get a chance to take the witness stand and give your side of the story. When that is all done, you get to present your closing arguments which is where y...

Go to advanced search