Search found 1722 matches

by jsherk
Tue Mar 15, 2016 8:58 am
Forum: General Talk
Topic: number plates
Replies: 8
Views: 3420

Re: number plates

Pretty sure you MUST put real Ontario plates on it.
by jsherk
Tue Mar 15, 2016 8:56 am
Forum: General Talk
Topic: Correct set and total payable fine but wrong offence
Replies: 3
Views: 2900

Re: Correct set and total payable fine but wrong offence

Yes it is a fatal error because the SET FINE does not match the charge. The charge on the ticket is for 25 over but the fine amount is for 15 over.

NOTE: That if you show up for trial they can fix it, so for this to be a win, you need to NOT show up for trial.

How have you handled this so far? Did you respond to the ticket?
by jsherk
Tue Mar 15, 2016 8:49 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop Red Light
Replies: 2
Views: 2187

Re: Fail to Stop Red Light

If the SET FINE is incorrect for the charge on the ticket, then it is a fatal error, which sounds like what you are describing.

What is the exact charge on the ticket? What is the SET FINE listed on the ticket?

If it is a Fatal Error, then DO NOT GO TO COURT and do not tell the prosecutor or anybody there is an issue... just don't show up. If you ...
by jsherk
Fri Mar 11, 2016 5:26 pm
Forum: Careless Driving
Topic: Careless driving rear end caught on dashcam
Replies: 1
Views: 2257

Re: Careless driving rear end caught on dashcam

Those little boxes on the ticket (witnesses, collision, etc) don't really mean anything so ignore those. What the officers notes say is important.

A lot of times the police will charge somebody with careless (which they can't prove) and then the prosecutor will offer reduced plea which many will take thinking they got a deal. But the standard on ...
by jsherk
Fri Mar 11, 2016 8:17 am
Forum: General Talk
Topic: Paralegal/Lawyer Suggestions
Replies: 15
Views: 6615

Re: Paralegal/Lawyer Suggestions

Yes that is a good defense and could possibly work and would be at the top of my list to use. But you still need to see disclosure first and see what the officers says in his notes. Maybe after he pulled you over he went back and watched both lights to see if they changed at the same time and then noted that in his notes.
by jsherk
Thu Mar 10, 2016 8:24 pm
Forum: General Talk
Topic: Paralegal/Lawyer Suggestions
Replies: 15
Views: 6615

Re: Paralegal/Lawyer Suggestions

Get disclosure first then talk to the paralegals. The ones that will sit down you with and discuss possible defenses as well as plea deals are the ones you want. Just telling you they can win is not enough... ask them why do they think they can win?
by jsherk
Thu Mar 10, 2016 12:33 pm
Forum: General Talk
Topic: Paralegal/Lawyer Suggestions
Replies: 15
Views: 6615

Re: Paralegal/Lawyer Suggestions

You MUST get disclosure before you decide on a defense. Any paralegal or lawyer who says they can get it dismissed with an X% chance without seeing disclosure first is not to be trusted in my opinion.

Plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, then request disclosure (officers notes). Once you ...
by jsherk
Wed Mar 09, 2016 9:20 am
Forum: Careless Driving
Topic: Careless driving - Community Service Hours - not done
Replies: 3
Views: 2508

Re: Careless driving - Community Service Hours - not done

If the court ordered community service hours, then has to complete them by when they are due. If he can't do that then he needs to go to court house and ask to go before a JP to get an extension on the time required.
by jsherk
Wed Mar 09, 2016 8:57 am
Forum: General Talk
Topic: Police officer didn't show up and JP rescheduled the trial
Replies: 9
Views: 3541

Re: Police officer didn't show up and JP rescheduled the tri

Did you OBJECT when the JP wanted to reschedule the trial? This may not always work, but it shows up on the court transcript that you wanted to proceed and you objected to a new date. Too many people just agree without objecting.

When they count the days for an 11b they substract any time that was caused by you. So the 11b will probably not be ...
by jsherk
Sun Mar 06, 2016 6:53 pm
Forum: Improper driving when road is divided into lanes
Topic: accident and ticket
Replies: 9
Views: 3681

Re: accident and ticket

You should plead Not Guilty and request a Trial with the officer present. Once you get your Notice of Trial, then you can request disclsoure (officers notes). Once you get the notes, post them here so we can advise further.

As far as insurance goes, they will probably determine you to be at fault whether you are convicted of the unsafe lane change ...
by jsherk
Sat Mar 05, 2016 2:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Minimal information in the disclosure - worth fighting?
Replies: 10
Views: 2963

Re: Minimal information in the disclosure - worth fighting?

The notes are sufficient for the officers testimony to get you convicted as is if left un-contested.

The only way to beat the charge is that you have to cross-examine the officer and bring reasonable doubt to one of the elements that officers testimony would prove if letft un-contested.

So your cross-examination would have to bring doubt to one ...
by jsherk
Sat Mar 05, 2016 10:47 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Minimal information in the disclosure - worth fighting?
Replies: 10
Views: 2963

Re: Minimal information in the disclosure - worth fighting?

So according to the notes is says "Laser" so I am assuming this is LIDAR and not RADAR? I think those are also distance meter readings which would also mean it was LIDAR. Can you confirm what the manual says. The reason it is important is because LIDAR uses a laser and the officer uses a sight to target one specific vehicle. With RADAR on the other ...
by jsherk
Sat Mar 05, 2016 9:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Minimal information in the disclosure - worth fighting?
Replies: 10
Views: 2963

Re: Minimal information in the disclosure - worth fighting?

What is the exact charge on original ticket?

Can you scan the ticket and the notes and the manual and post it here so we can review? Black out any personal info.
by jsherk
Sat Mar 05, 2016 9:10 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 6905

Re: Lidar test before & after means?

I have never had to deal with LIDAR myself and have therefore not read any manuals. The courts have ruled that a proper test for RADAR is to follow the manufacturers recommended instructions. It should therefore be easy to argue the same applies to LIDAR. Now if indeed the lidar manuals only recommend the before test, then it is going to be very ...