Search found 1722 matches

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: 9062

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: 3309

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: 2447

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: 2447

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: 4562

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: 3276

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: 3276

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: 3276

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: 2726

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: 4562

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: 1764

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: 5061

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: 7104

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: 5061

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: 4645

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 ...