Search found 1722 matches

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: 6905

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: 3932

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: 6905

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: 8510

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: 1756

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: 8510

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: 4368

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: 10683

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: 8510

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: 2050

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: 11699

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: 2000

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: 2091

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: 4587

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: 2091

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.