Search found 1722 matches

by jsherk
Sun Jan 31, 2016 8:50 pm
Forum: General Talk
Topic: Got a ticket for: 144(10) Disobey Lane Light
Replies: 4
Views: 13515

Re: Got a ticket for: 144(10) Disobey Lane Light

All tickets you get, even 0 demerit ones, can cause your insurance to go up.

I recommend you plead Not Guilty and request a Trial with the officer present. Once you get the Notice of Trial, then request disclosure (officers notes). Once you get the notes, scan then and post here for us to take a look at.
by jsherk
Sun Jan 31, 2016 8:47 pm
Forum: General Talk
Topic: Speedometer calibration and case laws
Replies: 8
Views: 5352

Re: Speedometer calibration and case laws

Well again this a problem...

If there is no proof the speedometer is actually reading correctly, then just because the radar says the same as the speedometer, does not make the radar correct either.

Gas pumps have to be calibrated and certified every now and then to a known standard (the litre) to make sure that when it says 1 litre on the pump ...
by jsherk
Fri Jan 29, 2016 3:26 pm
Forum: Red Light Camera Ticket
Topic: Redlightcamera: light was only red for 000.5 seconds
Replies: 18
Views: 19927

Re: Redlightcamera: light was only red for 000.5 seconds

This is a great ticket to use to learn about how the court system works. So even if you go to trial and lose, it still will not be on your driving record and will not affect your insurance.

I recommend you plead Not Guilty and ask for a Trial with the officer present. Once you get your notice of trial, you can then request disclosure ...
by jsherk
Fri Jan 29, 2016 12:40 pm
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7448

Re: Officer forgot to sign the ticket.

Posted R. v. McPherson case law a few replies up above.
by jsherk
Fri Jan 29, 2016 12:39 pm
Forum: General Talk
Topic: Got conviction notice for a never-received ticket (2pts)
Replies: 11
Views: 3507

Re: Got conviction notice for a never-received ticket (2pts)

Well I could be wrong as well... I would suspect that MTO knows more about it than me!
by jsherk
Fri Jan 29, 2016 11:51 am
Forum: General Talk
Topic: Got conviction notice for a never-received ticket (2pts)
Replies: 11
Views: 3507

Re: Got conviction notice for a never-received ticket (2pts)

A re-opening means there was a problem with the first trial, so the conviction should be removed from your record upon the re-opening being granted. So it should be like you had not had a trial yet and therefore there should be no conviction on record. Only if you are found guilty at the new trial would the conviction re-appear on your record.

I ...
by jsherk
Fri Jan 29, 2016 8:51 am
Forum: General Talk
Topic: Speedometer calibration and case laws
Replies: 8
Views: 5352

Re: Speedometer calibration and case laws

What I want to look into is that since the OPP radar (Genesis II) test requires that they test it against a vehicle of known speed (which is usually the patrol car itself that it is mounted in), you have an issue where "the radar speed matched the speedometer speed". But if the speedometer is not calibrated then you have a problem... yes they ...
by jsherk
Fri Jan 29, 2016 8:11 am
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7448

Re: Officer forgot to sign the ticket.

Again, just my opinion, but...

3(2) says "by completing and signing" ... what is it that must be completed and signed?

In (a) it says the Certificate of Offence is what must be completed and signed.

And in (b) is says either Notice of Offence (with set fine) or the Summons is what must be completed and signed.

If "completing and signing ...
by jsherk
Thu Jan 28, 2016 11:10 pm
Forum: General Talk
Topic: Officer forgot to sign the ticket.
Replies: 9
Views: 7448

Re: Officer forgot to sign the ticket.

There are two parts to the ticket... the Certificate of Offence which the officer files with the court and the Notice of Offence which the officer gives to you.

The Certificiate of Offence definitely needs to be signed. If it is not signed, then it is a fatal error. But the only way to determine whether it is signed or not, is to go to the Clerk's ...
by jsherk
Thu Jan 28, 2016 4:43 pm
Forum: Parking Tickets
Topic: Parking Ticket? Will 11b appeal work?
Replies: 2
Views: 2732

Re: Parking Ticket? Will 11b appeal work?

The bigger the city, the longer the wait to get a trial and the better likely hood you can get off with an 11b application.

About 3 to 4 weeks before your trial date, you should file all the 11b paperwork so that on your trial date it is ready to go.
by jsherk
Thu Jan 28, 2016 1:29 pm
Forum: Red Light Camera Ticket
Topic: Redlightcamera: light was only red for 000.5 seconds
Replies: 18
Views: 19927

Re: Redlightcamera: light was only red for 000.5 seconds

Well the good news with camera tickets is that you are being charged as the OWNER of the vehicle and not the DRIVER of the vehicle. This means it will not appear on your driving record, you will not lose any demerit points and it will not affect your insurance.

They have up to 6 months from the date of offence to charge you with it. So if they ...
by jsherk
Thu Jan 28, 2016 1:14 pm
Forum: Failing to obey signs
Topic: Does the Highway traffic act apply to OPP ?
Replies: 4
Views: 4075

Re: Does the Highway traffic act apply to OPP ?

Unfortunately our system has different rules for different people.

If you have proof (video is best) of an officer breaking the law in some way that there is no exemption for, then you either need to find another police officer or bylaw officer that is willing to lay the charge (good luck with that), or meet with a Judge/JP and lay private charges.
by jsherk
Wed Jan 27, 2016 11:48 am
Forum: General Talk
Topic: Ran a red light and caused an accident
Replies: 34
Views: 12916

Re: Ran a red light and caused an accident

At your first summons date, if you say you will plead not guilty and want a trial then they will set a trial date. But if they just gave you disclosure, and you did not specifically ask JP for a trial date, then usually they will give you time to review the disclosure and then you have to come back and then they will ask you if you want plead ...
by jsherk
Tue Jan 26, 2016 6:25 pm
Forum: General Talk
Topic: Parking Ticket Question
Replies: 4
Views: 1937

Re: Parking Ticket Question

No, the number being wrong is not an issue and will not get the ticket dropped.

However, I still recommend you 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). Once you get the notes, scan and post them back here so we can take a look at them and ...
by jsherk
Mon Jan 25, 2016 10:05 pm
Forum: General Talk
Topic: Speedometer calibration and case laws
Replies: 8
Views: 5352

Speedometer calibration and case laws

What sort of case law is out there with regards to speedometer calibration in police vehicles? Is officers testimony that it was calibrated sufficient, or is some kind of documentation required?

Thanks