Search found 1722 matches

by jsherk
Fri Mar 04, 2016 9:34 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7916

Re: Lidar test before & after means?

It does not cost bags of money to appeal... you need to pay for the transcripts and take another day off work.

But if the manual says they have to do it both before and after, then you should definitely present this to the JP. And if the JP does not accept it, it should be fairly easy to win at an appeal in front of a Judge.
by jsherk
Wed Mar 02, 2016 10:22 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6489

Re: Speeding in Algonquin

So looking at the disclosure, there is no mention in the officers notes of the information you gave.

So for somebody who is really good at cross-examination, this could be a good thing and they might be able to bring in reasonable doubt to officers testimony over losing sight of vehicle for several minutes. The downside is that you do not know how ...
by jsherk
Wed Mar 02, 2016 4:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6489

Re: Speeding in Algonquin

You only have 15 (30?) days after conviction to file appeal so unfortunately it is too late.
by jsherk
Wed Mar 02, 2016 4:25 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6489

Re: Speeding in Algonquin

If that ever happens again where the JP or Judge forces you to review the disclosure on the same day as the trial and will not give you another date, then that is excellent grounds to win on an appeal. You have to have adequate time to prepare your defence!

Yes it is more time and more money but still the appeal process is there for us to use.
by jsherk
Wed Mar 02, 2016 4:17 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6489

Re: Speeding in Algonquin

Can you scan and post notes here so we can review? Black out any personal info.
by jsherk
Wed Mar 02, 2016 3:47 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144 (18) help
Replies: 3
Views: 2190

Re: HTA 144 (18) help

Mispelled names and incorrect drivers license are NOT fatal errors and will not get your ticket dropped. If you mention it at trial, they can just amend and correct it at the trial. This is not a defense.

In order to see if you do have a defense though, you need to get disclosure.

You should plead Not Guilty and request a trial with the officer ...
by jsherk
Wed Mar 02, 2016 1:48 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 26 over
Replies: 9
Views: 5011

Re: WIN speeding 26 over

I came up with it myself and have not seen it used before.

If the radar evidence was excluded, then there is no evidence to your speed and the charge would have to be dropped.

I really can't speak to the prosecutors reasons. There was another guy that he sent out with officer to review officers notes, and while they were out there he told me that ...
by jsherk
Wed Mar 02, 2016 12:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 26 over
Replies: 9
Views: 5011

Re: WIN speeding 26 over

Well what happened is that because I filed the motions, my file got put at the bottom of the pile. At the end of the morning they had two trials to do, but only time for one, so the prosecutor decided to work on the other one as the charge was more serious. He did say if the other person was going to plead guilty and not go to trial that he would ...
by jsherk
Wed Mar 02, 2016 11:42 am
Forum: General Talk
Topic: Detailed Disclosure Request for Radar Gun Ticket
Replies: 18
Views: 8137

Re: Detailed Disclosure Request for Radar Gun Ticket

Prosecutor sees them before they are sent and can clearly see (pun intended) whether or not they are clear.
by jsherk
Wed Mar 02, 2016 10:52 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to pull over
Replies: 22
Views: 13920

Re: Failure to pull over

Oh sorry, yes I see that now... did not read the earlier posts!
by jsherk
Wed Mar 02, 2016 10:50 am
Forum: General Talk
Topic: Detailed Disclosure Request for Radar Gun Ticket
Replies: 18
Views: 8137

Re: Detailed Disclosure Request for Radar Gun Ticket

Yes you should send another disclosure request for a typed copy of the notes as they are illegible as is. And I would also request the following pages from the manual: Operating Modes, Testing The Device, Specification, and Legal Requirements. Make sure you say something like "I require these sections of the manual in order to properly prepare my ...
by jsherk
Wed Mar 02, 2016 9:10 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to pull over
Replies: 22
Views: 13920

Re: Failure to pull over

I assume this charge is for not pulling over for the ambulance? And the officer that wrote the ticket was on the side of the road with the other vehicle?

Remember, NEVER lie on the stand, but if your testimony is along the lines that by the time you saw the ambulance you did not feel you could pull over because of the other vehicle and police car ...
by jsherk
Wed Mar 02, 2016 8:55 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding in Algonquin
Replies: 19
Views: 6489

Re: Speeding in Algonquin

I would plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes, speed measuring device manual). Once you get the disclosure, post it here and we can give better advice once we read it.
by jsherk
Mon Feb 29, 2016 10:16 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7916

Re: Lidar test before & after means?

The courts have decided that a police officer can pull you over anytime to check your license, insurance and registration, so yes they can pull you over any day of the month.

Now if you mean that your sticker was said JAN 2016 and they pulled you over on Jan 31 to check if it was valid, then yes this is also legal. Many do not realize that their ...
by jsherk
Mon Feb 29, 2016 3:17 pm
Forum: Stunt Driving
Topic: Excessive Speeding in Quebec
Replies: 9
Views: 4105

Re: Excessive Speeding in Quebec

Well just go with the same company again!

And you could answer honestly with "Yes, but not in Ontario and it does not appear on my record."
by jsherk
Mon Feb 29, 2016 9:50 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7916

Re: Lidar test before & after means?

I am pretty sure that you would have a very hard time convincing a JP or Judge... "before and after stop" means anytime before stop and anytime after stop from beginning to end of shift. It does not have to be before and after every enforcement action as long as it was done at start of shift and end of shift.

You have to read more than one case ...
by jsherk
Mon Feb 29, 2016 8:50 am
Forum: Stunt Driving
Topic: Excessive Speeding in Quebec
Replies: 9
Views: 4105

Re: Excessive Speeding in Quebec

You told the company about the conviction, but they still lowered your rates because it was not on your record. Probably best to just leave it alone for another year and stick with the company you are with until the 3 years runs out.
by jsherk
Mon Feb 29, 2016 8:48 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Lidar test before & after means?
Replies: 18
Views: 7916

Re: Lidar test before & after means?

It only needs to be done once at beginning of shift and once at end of shift, so 7am and 7pm is correct according to manual.

If you read the case laws though, it could be argued that they need to also note the actual outcome of the tests, not just the time they tested it. So you are looking for something like "7am TESTED OK" or "7am TESTED ...
by jsherk
Sat Feb 27, 2016 5:52 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9965

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

Does stunt driving require the same proof as speeding? Meaning does crown have to prove the speed using say radar or pacing? Or is it more based on the opinion testimony of officer that they were just driving way faster than everybody else?
by jsherk
Sat Feb 27, 2016 5:09 pm
Forum: General Talk
Topic: Two questions...
Replies: 2
Views: 1898

Re: Two questions...

I beleive the courts have ruled that if the Set Fine is incorrect it is a fatal error, but if the Total Payable (which includes victim surcharge and court costs) is incorrect this is NOT a fatal error. Somebody else can hopefully confirm this.

What happens with an unreasonable delay is that the court will look at who caused each delay and why they ...
by jsherk
Fri Feb 26, 2016 9:52 am
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9965

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

Remember that the summons date is NOT your trial date.

At the summons date you can:
- Just plead guilty (not adviseable).
- Ask for disclosure and plead not guilty and ask for a trial date.
- Ask for a deal and then request disclosure before you decide how to plead (they will set another summons date for you which is not the trial date either ...
by jsherk
Thu Feb 25, 2016 5:51 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for school bus - AS OWNER
Replies: 3
Views: 4676

Re: Failing to stop for school bus - AS OWNER

No demerit points when charged as owner, and I am pretty sure that it does not affect your insurance at all either, but you can call your insurance company and ask them to confirm.

Regardless, you should plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (officers notes and ...
by jsherk
Thu Feb 25, 2016 5:46 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 13605

Re: Stopped for truck inspection, charter challenge 10 (b)?

If you are going to hire a paralegal, then you should hire one that is willing to discuss the disclosure with you and possible defenses. You said they gave it to paralegal at trial? Then you should get a copy of it from paralegal. Did the original request for disclosure include a request for the video? If not, then you should send another request ...
by jsherk
Thu Feb 25, 2016 5:32 pm
Forum: Stunt Driving
Topic: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Replies: 24
Views: 9965

Re: HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.1

Prosecutors do not have to offer you any kind of plea deal, although sometimes they do. If you are nice and ask if they will give you some kind of deal then maybe, but no guarantees. All you can do is ask nicely!

Is it a SUMMONS for both tickets or is one/both a NOTICE OF OFFENCE?
by jsherk
Thu Feb 25, 2016 5:26 pm
Forum: General Talk
Topic: g2 License suspension
Replies: 2
Views: 2235

Re: g2 License suspension

Did you already plead guilty, or did you just get the ticket and have not sent it in yet? If it's still within the 15 days you should plead NOT GUILTY and request a trial with the officer present.

You would have to ask the MTO what would happen if you get your full license before you are convicted. I am not sure how that works.
by jsherk
Wed Feb 24, 2016 4:50 pm
Forum: Parking Tickets
Topic: Ticketed For Parking in a Handicap Spot
Replies: 12
Views: 12083

Re: Ticketed For Parking in a Handicap Spot

I think so. Usually anything more than 11 months is good.
by jsherk
Wed Feb 24, 2016 10:18 am
Forum: General Talk
Topic: Unknowingly Driving Without Insurance
Replies: 2
Views: 2154

Re: Unknowingly Driving Without Insurance

Yes it might help. Will it be enough to get the charge dropped? Maybe, maybe not.

You will then need to get copies of everything you can.
- Get copy of receipt showing your license was renewed right away after ticket.
- Get copy of receipt and/or letter showing insurance was renewed right away after ticket.
- Get a copy of the tracking page on ...
by jsherk
Tue Feb 23, 2016 8:32 pm
Forum: General Talk
Topic: Fax ticket form before JP conviction
Replies: 6
Views: 2252

Re: Fax ticket form before JP conviction

Specifically related to Parking tickets only, it mentions in a few places [like 17(2) & 18.1(2)] that they must start the proceeding of conviction within seventy-five days after the day on which the alleged infraction occurred. So the 75 days number is valid for PARKING tickets only, not for speeding tickets.
by jsherk
Tue Feb 23, 2016 12:38 pm
Forum: Stunt Driving
Topic: 155Km in 100Km zone
Replies: 11
Views: 4846

Re: 155Km in 100Km zone

Inusrance has three levels of convictions: MINOR, MAJOR and SERIOUS.

You would have to ask your insurance company whether speeding 49 over is minor or major.

49 over will usually be a Minor for some insurance companies and a Major for others. But 50+ and stunt driving are both Serious, so if you can get two Serious offences dropped in exchange ...
by jsherk
Tue Feb 23, 2016 12:33 pm
Forum: General Talk
Topic: Fax ticket form before JP conviction
Replies: 6
Views: 2252

Re: Fax ticket form before JP conviction

Who told you there was a 30 day grace period? I have not seen that anywhere.

Also where are you getting this 70 day thing? I have not seen that anywhere either.