Search found 72 matches

by ShrekTek
Tue Aug 01, 2017 12:43 pm
Forum: General Talk
Topic: Ticket Fighters: Beware
Replies: 5
Views: 2537

Re: Ticket Fighters: Beware

Personally I would just say I object and walk out and leave the court room completely. For an appeal, you need to pay for official transcripts, so the less time in the court room, then less it costs. If the defendant is asking you to help, then they most likely are not skilled enough to do the trial anyway. On an appeal I would ask for charge to ...
by ShrekTek
Mon Jul 31, 2017 6:21 pm
Forum: General Talk
Topic: Ticket Fighters: Beware
Replies: 5
Views: 2537

Re: Ticket Fighters: Beware

I would make sure to object and then since a conviction will most likely follow, I would file an appeal and get a Judge to overturn the decision.
by ShrekTek
Mon Jul 31, 2017 3:37 pm
Forum: General Talk
Topic: What Can I say to the officer during a traffic stop
Replies: 16
Views: 8537

Re: What Can I say to the officer during a traffic stop

Can you swear at a police? Yes. There is no charge they can charge you with for swearing at them. Is it a good idea? Probably not, as it may lead to them finding other violations that they might have overlooked otherwise.

Personally (as a wannabe freedom fighter) I subscribe to the be polite, but don't answer questions philosophy. I am only ...
by ShrekTek
Mon Jul 31, 2017 3:24 pm
Forum: General Talk
Topic: EPA Offence Notice - Cannot find cited o. reg?
Replies: 6
Views: 2752

Re: EPA Offence Notice - Cannot find cited o. reg?

OFFENCE NOTICE is good.

My opinion is that there is no charge of 7(1)(b) so therefore it is not a valid charge either.
by ShrekTek
Mon Jul 31, 2017 12:01 pm
Forum: General Talk
Topic: EPA Offence Notice - Cannot find cited o. reg?
Replies: 6
Views: 2752

Re: EPA Offence Notice - Cannot find cited o. reg?

Yes I mean completely ignore it and do nothing at all with it. This is the only way to force a fatal error because if you respond and go trial then they can amend/fix it. If you do not go to trial, then they can not amend it.

Also, the second ticket says 7(1)(b) but there is no 7(1)(b), only a 7(1)1 and a 7(1)2. In my opinion this second one is ...
by ShrekTek
Mon Jul 31, 2017 10:39 am
Forum: General Talk
Topic: EPA Offence Notice - Cannot find cited o. reg?
Replies: 6
Views: 2752

Re: EPA Offence Notice - Cannot find cited o. reg?

Here is the Environmental Protection Act:
https://www.ontario.ca/laws/statute/90e19
At the top there is a TAB that says REGULATIONS, so you can click on that to see all the regualtions related to that act.

There is no Regulation 353 related to the EPA, so you can ignore this charge and not respond to it as the charge does not exist. This will ...
by ShrekTek
Sun Jul 30, 2017 8:07 pm
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
Replies: 10
Views: 13329

Re: Received red light camera ticket

Well okay so you will have to ask JP for a summons to get officer to court. You need to say that you want to cross examine the officer on their statement that the camera was in proper working order and the lights were in proper working order. If you received notes in disclosure then you can say that based on the notes you want to question them on ...
by ShrekTek
Sun Jul 30, 2017 5:36 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Caught speeding excessively but wasn't pulled over
Replies: 8
Views: 5274

Re: Caught speeding excessively but wasn't pulled over

Remember you have the right to NOT talk to police and to NOT answer any questions.

They can not charge the DRIVER unless they can identify the driver. If they show up asking who the driver is, and you tell them it was you, then they can charge you as the driver because you admitted it. If they show up asking who the driver is, but you just keep ...
by ShrekTek
Sun Jul 30, 2017 5:27 pm
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
Replies: 10
Views: 13329

Re: Received red light camera ticket

An officer MUST review the pictures and sign that they beleive the charge is correct and that they believe the camera system was in proper working order, so this officer MUST come to trial to testify to this information. They may not have any notes regarding the event, but they still must sign the ticket and that means they need to appear in court ...
by ShrekTek
Sun Jul 30, 2017 8:31 am
Forum: Red Light Camera Ticket
Topic: Received red light camera ticket
Replies: 10
Views: 13329

Re: Received red light camera ticket

These are not impossible to beat, but would require hiring a paralegal AND hiring an expert witness that can testify about the problems with these devices, so most likely the cost to fight it is going to be more than just paying the ticket.

Since the ticket is charged to the OWNER of the vehicle (not the driver), there are no demerits and no ...
by ShrekTek
Fri Jul 28, 2017 11:56 am
Forum: General Talk
Topic: Ticket Fighters: Beware
Replies: 5
Views: 2537

Re: Ticket Fighters: Beware

I have local prosecutors "watching" me as well, but I have advised them of what the law says:
- You can represent yourself as many times as needed per year and you are not considered to be provinding legal services.
- You can represent FAMILY as many times per year as you want, and you are LEGALLY providing legal services.
- You can represent ...
by ShrekTek
Thu Jul 27, 2017 4:47 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

It will make no difference at trial to the outcome whether that was filled in correctly or not, so it is not relevant at all.
by ShrekTek
Tue Jul 25, 2017 7:47 pm
Forum: Careless Driving
Topic: Careless reduced to "Fail to Drive in Marked Lane" Guelph
Replies: 2
Views: 3165

Re: Careless reduced to "Fail to Drive in Marked Lane" Guel

Well I think in the end friend will thank you because insurance increase will be not as much as a Careless charge.
by ShrekTek
Tue Jul 25, 2017 1:17 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Major Defect in comm. Veh. HTA 107 (11)
Replies: 29
Views: 17384

Re: Major Defect in comm. Veh. HTA 107 (11)

pam wrote:he just ask the driver to put the truck in drive (first) gear. Driver did that. The truck did not move and then officer asked the driver to press the accelerator, the truck moved when the accelerator was pressed. Officer not tell anything that what the defect is.
It appears the officer had them press accelerator
by ShrekTek
Tue Jul 25, 2017 10:01 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 130 in 100 zone, 5 hours away
Replies: 4
Views: 3753

Re: 130 in 100 zone, 5 hours away

A) Yes
B) Yes
by ShrekTek
Tue Jul 25, 2017 9:55 am
Forum: General Talk
Topic: Run in with a Cement Truck
Replies: 15
Views: 6382

Re: Run in with a Cement Truck

Yes you usually wait until you get the Notice of Trial with a trial date before you request disclosure.
by ShrekTek
Mon Jul 24, 2017 8:43 am
Forum: Careless Driving
Topic: Careless charge
Replies: 9
Views: 4858

Re: Careless charge

Careless is a serious charge and will cause your insurance to skyrocket the same as a DUI, so you are probably going to want to hire legal representation to fight this.

Before you pay out any money though, you can do the following:

Plead not guilty and request a trial with the officer present. Once you get your notice of trial, you can request ...
by ShrekTek
Sun Jul 23, 2017 1:49 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 130 in 100 zone, 5 hours away
Replies: 4
Views: 3753

Re: 130 in 100 zone, 5 hours away

This is NOT a trial. It is just an early resolution metting with the prosecutor. If you read it carefully it says that if you do not show up for the early resolution meeting, then they will schedule a trial.

Early resolution meeting is probably a waste of time because (1) you do not have disclosure to see if there is a weakness in the notes, and ...
by ShrekTek
Thu Jul 20, 2017 8:18 pm
Forum: Failing to obey signs
Topic: 182 (2) Disobey Sign for U-Turn
Replies: 5
Views: 9804

Re: 182 (2) Disobey Sign for U-Turn

If the prosecutor offers you some kind of deal at early resolution, they may or not offer you the same deal at trial date.

If you show up for early resolution and they offer you a deal you could say "would I be able to see disclosure before I decide whether to accept the deal or not?"

They might say yes, or they might say no... never hurts to ...
by ShrekTek
Thu Jul 20, 2017 3:27 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

The average of least squares MAY guard against SOME sweep errors, but is not a guarantee that it will eliminate all sweep errors.
by ShrekTek
Thu Jul 20, 2017 3:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

Zatota wrote:
argyll wrote:FOV

:mrgreen:
LMAO!!!!!
I did not get it at first... now I do. lol
by ShrekTek
Wed Jul 19, 2017 5:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

I have used one Lidar with a magnified sight (2x) but I can not remember which one it was.

I found copy of Laser Atlanta manual (2003 version) and it makes no mention of magnified sight in that manual. Anyways, if you have used it then I assume you are correct about the sight.

However would be a good question to ask the officer "Is the sight ...
by ShrekTek
Wed Jul 19, 2017 2:04 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

Not all Lidars have a magnified sight. In fact most don't.
by ShrekTek
Wed Jul 19, 2017 11:42 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

My experience using Lidar is that even in the daylight, at 1000ft/300m the target vehicle is no bigger than the little dot in the sight and it is hard to keep the dot on the vehicle at that distance. So yes at night it would almost impossible at that distance.

At those distances you have a very likely possibility of sweep errors which means the ...
by ShrekTek
Wed Jul 19, 2017 10:16 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

LIDAR does NOT show you the beam width. It only shows you distance to target and the target speed. You need to calculate the beam width based on the specs given by manufacture (which again is usually 3 mrads).

Looking at the disclosure, I can not read what it says the distance is...
H/L 121 @ 2??
Can anybody else dechiper this?

Anyways it does ...
by ShrekTek
Wed Jul 19, 2017 10:07 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 16843

Re: Advice on 78.1(1) Handheld Communication Device Ticket

FYI: In my last post it should have said "objection, officer can NOT testify to any verbal statements without a voire dire"

There are two places that you can show contradictory evidence. One is when you take the witness stand to testify. However if you are not going to take the witness stand (which is your right) then the only other time to get ...
by ShrekTek
Wed Jul 19, 2017 8:23 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 16843

Re: Advice on 78.1(1) Handheld Communication Device Ticket

Remember to that you can object when the officer starts to say anything that you said. When he starts to say "and the driver said" you can object and say "objection, officer can testify to any verbal statements without a voire dire".

However even if your comments are not entered into evidence, how do you get the officer to admit that he did not ...
by ShrekTek
Wed Jul 19, 2017 8:16 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 121 km/h in a posted 80 km/h - Disclosure attached
Replies: 37
Views: 17519

Re: 121 km/h in a posted 80 km/h - Disclosure attached

LIDAR calculates the speed of vehicle based on Time Of Flight. It sends out a pulse and then waits for it to come back. It uses Infrared laser, and the beam travels at the speed of light, so it can then calculate the distance based on how long it took to get there and back. It will then take several distance readings over a time period (about 0.3 ...
by ShrekTek
Wed Jul 19, 2017 7:49 am
Forum: General Talk
Topic: Run in with a Cement Truck
Replies: 15
Views: 6382

Re: Run in with a Cement Truck

And as a side note, you should probably take it to trial because there is a chance the witnesses won't show up, and if no witnesses show up then they can not convict you. The police officer by themselves did not witness the event, so there must be at least one of the witnesses there at the trial.
by ShrekTek
Tue Jul 18, 2017 6:04 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 16843

Re: Advice on 78.1(1) Handheld Communication Device Ticket

If you take the witness stand and testify then you will lose the case because you will have to admit you moved the phone and therefore you are guilty of the charge.

However, you are not required to take the witness stand and have the right to not testify against yourself.

So this means the only way you can win is by cross-examining the officer on ...