Search found 1722 matches

by jsherk
Tue Feb 23, 2016 11:45 am
Forum: General Talk
Topic: Fax ticket form before JP conviction
Replies: 6
Views: 2251

Re: Fax ticket form before JP conviction

The back of the ticket says you have 15 days to respond.

Although the receptionist was trying to be nice and accommodating, the fact that it was past 15 days means they did not actually have to try and help you at all.

So the only thing you could try to do, is ask for a re-opening of the case... this may or may not work. Doesn't hurt to ask.
by jsherk
Mon Feb 22, 2016 5:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Please help I dont know what to do
Replies: 8
Views: 3257

Re: Please help I dont know what to do

I would still call and talk to all those firms. The contract is irrelevent... what you want to know is how they might be able to defend the ticket for you. If they are just going to go in and hope the officer does not show up and/or just negotiate a quick plea deal and have no real defense for fighting the charge if it does go to trial, then you do ...
by jsherk
Mon Feb 22, 2016 5:50 pm
Forum: General Talk
Topic: Offence Not Found
Replies: 3
Views: 6043

Re: Offence Not Found

The officer has 7 days to file the ticket with the court, which means get his copy to the court. There is then no time limit on how quickly they need to enter it into the system... it can take them weeks sometimes before the ticket shows up.

You would be far better off choosing NOT GUILTY and requesting a trial with the officer present. once you ...
by jsherk
Mon Feb 22, 2016 5:42 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 30 over last year, trial coming up, got another ticket recen
Replies: 4
Views: 2027

Re: 30 over last year, trial coming up, got another ticket r

For speeding tickets at trial, they are typically just trying to prove that you were speeding on the occaission the ticket was issued so other tickets are irrelevent.
by jsherk
Mon Feb 22, 2016 5:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Hypothetical situation
Replies: 1
Views: 1712

Re: Hypothetical situation

i believe yes, because it would be the incorrect charge.
by jsherk
Sun Feb 21, 2016 9:49 am
Forum: Courts and Procedure
Topic: Notice of Intention to Appear; no option for PO attending?
Replies: 1
Views: 2543

Re: Notice of Intention to Appear; no option for PO attendin

Just to be sure, I would send a fax to the clerk of the court and a fax to the prosecutor and say:

"I plan to dispute the officers testimony and request the officer be present at the trial."

Keep copies of the "FAX SENT OK" reports.
by jsherk
Sat Feb 20, 2016 4:57 pm
Forum: General Talk
Topic: Counting the days for 11b or 7 of charter
Replies: 4
Views: 1868

Re: Counting the days for 11b or 7 of charter

Sure, let's just count business days and not weekends/holidays to keep it simple and then you definitely will not be late with your filing.
by jsherk
Sat Feb 20, 2016 8:54 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding unspecified offence (90 in a 70)
Replies: 11
Views: 3152

Re: Advice regarding unspecified offence (90 in a 70)

You have 15 days to appeal a conviction from the time you find out about it.

I would wait 30 days and then if you hear nothing, call the Clerk at the court. If they don't know status wait another 30 days and call again.
by jsherk
Fri Feb 19, 2016 9:18 pm
Forum: General Talk
Topic: Counting the days for 11b or 7 of charter
Replies: 4
Views: 1868

Re: Counting the days for 11b or 7 of charter

I believe that it is NOT business days, and is actual days including weekends in between although it if the trial date is on a Monday for example, then you would need to have it there by the Friday and they would not count that final Saturday or Sunday. So it is sort of business days but with some weekends.

But yes you are correct that the day you ...
by jsherk
Fri Feb 19, 2016 9:07 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding unspecified offence (90 in a 70)
Replies: 11
Views: 3152

Re: Advice regarding unspecified offence (90 in a 70)

Congratulation! Yes this is a fatal error (the charge is not valid and is unknown)!

Do not do anything... do not respond to the ticket and do not tell the clerk/prosecutor there is an issue. Keep your copy of the ticket in a safe place, and make a color scan of both sides and email it to yourself as well.

By not responding, the ticket will go in ...
by jsherk
Fri Feb 19, 2016 8:32 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 139 in a 100 QEW Wrong Info On Ticket Need Advice
Replies: 1
Views: 2043

Re: 139 in a 100 QEW Wrong Info On Ticket Need Advice

It is not a fatal flaw. Your best bet is to ignore those errors and not even mention them (as you do not want them to be corrected). If you are convicted, then maybe those errors will be enough to confuse the system so it does not end up showing up on your NY driving record. No guarantees of course, but if you mention the errors then they will just ...
by jsherk
Thu Feb 18, 2016 5:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 119 in 90 zone, advice please
Replies: 4
Views: 2548

Re: 119 in 90 zone, advice please

The courts have decided that it is YOUR responsibility to chase the prosecutor down to get the disclosure. You should call them every month to see if it's ready for you to pick up. The courts will not care that you did not give them any contact info as they will say you should have called to check on it.

If they still don't have it ready within a ...
by jsherk
Thu Feb 18, 2016 7:55 am
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10343

Re: Got pulled over for driving a rental car. Legal?

Observer135 wrote:
Rentalpullover wrote:When you pull out your cell phone to record the officer, it is kind of an insult and you should not expect him/her to take that kindly.
Although they might not take it kindly, it is perfectly legal to record a police officer in Canada as long as you are not interfering/obstructing them in doing their duty.
by jsherk
Wed Feb 17, 2016 10:41 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light for right turn, got disclosure
Replies: 12
Views: 4765

Re: Fail to stop at red light for right turn, got disclosure

They have 6 months to issue new Highway Traffic Act charges, so since it's more than six months that should not be an issue. Now if there is some kind of Criminal Code charge that they could lay because of the video that is a different story. So assuming there is no Criminal Charges then you are fine.

And you should be able to pause the video at ...
by jsherk
Wed Feb 17, 2016 12:07 pm
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10343

Re: Got pulled over for driving a rental car. Legal?

I highly recommend everybody have a dashcam and record ALL interactions with police because most of the time the courts will always side with an officers testimony over an accused. If they are doing their job correctly, then they have nothing to worry about.
by jsherk
Wed Feb 17, 2016 10:08 am
Forum: General Talk
Topic: Got pulled over for driving a rental car. Legal?
Replies: 20
Views: 10343

Re: Got pulled over for driving a rental car. Legal?

In Ontario, Police can pull somebody over just to check their drivers license, insurance and registration whether its a rental car or not. They do not need any other reason.
by jsherk
Tue Feb 16, 2016 3:12 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 55km/h over on hwy404
Replies: 3
Views: 3534

Re: 55km/h over on hwy404

The summons date is NOT your trial, so you do not necessarily need legal counsel at the summons.

The summons date is simply to ask you how you want to plead, guilty or not guilty. If you plead not guilty, then they will set a trial date.

You could also say that you would like to see disclosure before you decide how you want to plead. If you do ...
by jsherk
Tue Feb 16, 2016 3:05 pm
Forum: General Talk
Topic: Ticket for incorrect address on plates
Replies: 8
Views: 2634

Re: Ticket for incorrect address on plates

No I said plead NOT GUILTY and request a Trial with the officer present.

Once you get your trial date (notice of trial), then try to set up meeting with prosecutor.
by jsherk
Tue Feb 16, 2016 12:54 pm
Forum: General Talk
Topic: Ticket for incorrect address on plates
Replies: 8
Views: 2634

Re: Ticket for incorrect address on plates

First thing you should do is immediately go to MTO and get the address corrected, and keep your copy of the receipt.

Second would be to plead not guilty and ask for trial with officer present. Once you get your notice of trial, you can contact prosecutors office and ask for a meeting. If they won't give you a meeting, then you can just show up on ...
by jsherk
Tue Feb 16, 2016 8:43 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light for right turn, got disclosure
Replies: 12
Views: 4765

Re: Fail to stop at red light for right turn, got disclosure

Amending the certificate means to change a speeding ticket from say 75 in a 60 back up to original speed of say 85 in a 60 or it means to fix a minor error on the ticket like a mis-spelled name. They can not change it to a whole new/different charge.

Note also that they only have 6 months from the date of the offence to issue a ticket for any new ...
by jsherk
Sun Feb 14, 2016 9:56 pm
Forum: General Talk
Topic: Charges for not producing license, insurance & registration
Replies: 11
Views: 3542

Re: Charges for not producing license, insurance & registrat

What happens if somebody can not produce their drivers license, say because they forgot their wallet at home, but identifies themselves and is given a "fail to produce their license" charge... are they then sent on their merry way (still without their license) or could their vehicle be towed/impounded?
by jsherk
Sun Feb 14, 2016 9:33 pm
Forum: General Talk
Topic: Charges for not producing license, insurance & registration
Replies: 11
Views: 3542

Re: Charges for not producing license, insurance & registrat

Failing to surrender insurance is a different charge though from not having any insurance at all, correct?
by jsherk
Sun Feb 14, 2016 9:20 pm
Forum: General Talk
Topic: Charges for not producing license, insurance & registration
Replies: 11
Views: 3542

Charges for not producing license, insurance & registration

If a driver fails to produce their drivers license, insurance and registration when asked, what are the charges that they would normally face?
by jsherk
Sun Feb 14, 2016 8:47 am
Forum: Stunt Driving
Topic: 167km/h, and perform race in an 80 zone.
Replies: 4
Views: 2923

Re: 167km/h, and perform race in an 80 zone.

If your paralegal talked to the police officer then the deal means nothing. Double check that your paralegal talked with the Crown Prosecutor and not the officer because it is the crown prosecutor who can suggest a deal. But once you go to trial, the Justice of the Peace has to agree to the deal as well, and at 87 over I would highly doubt they ...
by jsherk
Fri Feb 12, 2016 3:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at red light for right turn, got disclosure
Replies: 12
Views: 4765

Re: Fail to stop at red light for right turn, got disclosure

You have an excellent case and should win.

The prosecutor should drop the case if they watch the video.

But if it proceeds to trial then you need to bring your copy of the video on DVD or USB stick and bring a laptop to play it on. Very important that you bring your own device to play the video on because there is a good chance they will not have ...
by jsherk
Fri Feb 12, 2016 11:52 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice regarding 72 in 50 zone
Replies: 1
Views: 1915

Re: Advice regarding 72 in 50 zone

I am not sure what it is called, but yes it is a real thing to have a court date where you show up and it is solely to set a trial date.

Now in order to win the speedy trial argument, you are going to have to request official transcripts from both of your previous court appearances on January 13th and February 12th. You need to get on this right ...
by jsherk
Thu Feb 11, 2016 12:30 pm
Forum: Careless Driving
Topic: Careless Driving. Suspension. Demerit Points Explanation
Replies: 14
Views: 5383

Re: Careless Driving. Suspension. Demerit Points Explanation

It's careless driving because that was the charge the officer laid and as7266 plead Guilty to it. When you plead guilty to a charge, then you are agreeing that you are guilty of that charge.
by jsherk
Thu Feb 11, 2016 8:45 am
Forum: General Talk
Topic: No validated permit HTA (7) (1) (a)
Replies: 11
Views: 7693

Re: No validated permit HTA (7) (1) (a)

So to confirm, the charge is HTA 7(1)(a) ?

It reads:
Permit requirements
7. (1) No person shall drive a motor vehicle on a highway unless,
(a) there exists a currently validated permit for the vehicle;

So the case law mentioned above by Stanton deals with an "unsigned and not validated ownership" and the ruling was that it was still ...
by jsherk
Tue Feb 09, 2016 5:00 pm
Forum: Careless Driving
Topic: Careless Driving. Suspension. Demerit Points Explanation
Replies: 14
Views: 5383

Re: Careless Driving. Suspension. Demerit Points Explanation

It's a 30-day suspension only. It just did not officially start until you turned in your drivers license.
by jsherk
Tue Feb 09, 2016 11:39 am
Forum: General Talk
Topic: Parking ticket on a Green P parking lot
Replies: 7
Views: 4939

Re: Parking ticket on a Green P parking lot

I would plead Not Guilty and request a Trial with the officer present, and then once you get the notice of trial, you can request disclosure (officers notes).

Note that the Toronto court system is pretty backed up so there is a good chance that the court date will be more than a year away and therefore you can get it stayed/dropped under a Section ...