Search found 1722 matches

by jsherk
Mon Jan 25, 2016 2:57 pm
Forum: General Talk
Topic: Malware ads on this website
Replies: 4
Views: 1762

Re: Malware ads on this website

Never had any issues with this site myself.
by jsherk
Mon Jan 25, 2016 9:04 am
Forum: General Talk
Topic: OPP dropped radar tests, now it is in the news
Replies: 5
Views: 3190

Re: OPP dropped radar tests, now it is in the news

Well unfortunately it will take somebody with some money that can afford take a case to the supreme court to get this issue fixed. As long as the manual says they don't need to use tuning forks, the JP's in Ontario will continue to side with that.
by jsherk
Fri Jan 22, 2016 2:54 pm
Forum: General Talk
Topic: Got conviction notice for a never-received ticket (2pts)
Replies: 11
Views: 3741

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

Okay so a little confused... what do you mean you went to court second time?

Do you mean you just went in and talked to somebody in the office, or did you have an actual trial in front of a Justice of the Peace?

Did you ask to specifically APPEAL the Unsafe Left Turn ticket or did you ask for it to be RE-OPENED with a new trial?

Your defense for ...
by jsherk
Thu Jan 21, 2016 12:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 79 in a 50 ticket
Replies: 16
Views: 5599

Re: 79 in a 50 ticket

They do not have to mark anywhere that it was reduced. On the last page of dislcosure, the officers notes say 81 even though the second last page says "actual:79". So if the officer testifies to the 81 speed, then they can amend it up. Just because there is discrepency in notes is not really an issue as it will be the officers testimony that counts ...
by jsherk
Wed Jan 20, 2016 4:00 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 79 in a 50 ticket
Replies: 16
Views: 5599

Re: 79 in a 50 ticket

So just note that if you go to trial, they will amend the speed up to 81 in a 50 (31 over) as that is what the officers notes say. From demerit perspective, I think 31 over is 4 points and 29 over is 3 points, but demerits have nothing to do with insurance. From an insurance perspective, 29 over and 31 over are both minor and are viewed the same by ...
by jsherk
Wed Jan 20, 2016 12:36 pm
Forum: Failing to obey signs
Topic: stop sign bylaws
Replies: 4
Views: 4042

Re: stop sign bylaws

Ticket Combat site has been around for a long time and some of the information is outdated.

The courts have decided that the existence of a Stop sign (applies to Speed limit signs as well) is proof enough that a bylaw exists and therefore the bylaw does not need to be brought to court and does not need to be produced. You need to prove that the ...
by jsherk
Wed Jan 20, 2016 8:55 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
Replies: 23
Views: 10548

Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

I assume you mean the prosecutor and not the JP.

If you go to trial and LOSE, the prosecutor will then make a recommendation to the JP about the penalty, meaning he/she will say "we are asking for 90 day suspension and $4000 fine because of bla bla bla". You (or your representative) will then get a chance to say "we are asking for 30 day ...
by jsherk
Tue Jan 19, 2016 12:30 pm
Forum: General Talk
Topic: Wrong Address on Ticket - Resolution/Conviction wrong addres
Replies: 4
Views: 3502

Re: Wrong Address on Ticket - Resolution/Conviction wrong ad

Since it was obviously sent to the wrong address (will be marked on the notice) and you can show you live at difference address (what is on your drivers license) then there should not be an issue getting it reopened.
by jsherk
Mon Jan 18, 2016 11:17 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Need help/advice for ticket 22km/h over, early resolution
Replies: 27
Views: 13424

Re: Need help/advice for ticket 22km/h over, early resolutio

You can put a phone number if you want.

But the courts have decided that YOU are responsible to call and check on the status of your disclosure. So even if you give them a phone number, email address and mailing address this is no guarantee they will ever get back to when it is ready. Some places just say that you have to come pick it up, where ...
by jsherk
Mon Jan 18, 2016 11:14 am
Forum: Stunt Driving
Topic: Tailgate Entrapment! help
Replies: 6
Views: 3598

Re: Tailgate Entrapment! help

Okay so what about this impaired comment? Where did that come from?

And how did she get you for speeding? Radar? Laser? Paced you? Or took word of off duty officer?
by jsherk
Mon Jan 18, 2016 6:47 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need help to decode police note and diretion
Replies: 21
Views: 7375

Re: Need help to decode police note and diretion

Okay so even if there is a mention of this other vehicle you do not really know how officer will testify about it.

You have a great question... How can officer identify the vehicles when there are just headlights?

Also how can officer estimate speed in the dark?

And if it was radar, it can not identify a specific vehicle as to which one would ...
by jsherk
Sun Jan 17, 2016 10:16 pm
Forum: Stunt Driving
Topic: Tailgate Entrapment! help
Replies: 6
Views: 3598

Re: Tailgate Entrapment! help

Well not sure what the impaired thing has to do with anything. Were you charged with an impaired? Or is that mentioned in the officers notes? Or is it just something the prosecutor told you?

Do the officers notes mention anything about the off duty police officer?

How did the officer get your speed? Radar? Pace you? Taking the word of the off ...
by jsherk
Sun Jan 17, 2016 10:08 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Need help to decode police note and diretion
Replies: 21
Views: 7375

Re: Need help to decode police note and diretion

I am a huge fan of always pleading not guilty and of always fighting every ticket. However the consequences of losing this are very very serious!

Since the officer dropped the charge to "Speeding 49 over" the consequences of pleading guilty are considerably less than if you lose at trial because they can (and will) amend the charge to 77 over and ...
by jsherk
Sun Jan 17, 2016 1:10 pm
Forum: Courts and Procedure
Topic: little in the way of disclosure
Replies: 15
Views: 13019

Re: little in the way of disclosure

You could send another disclosure request asking for the specific details you want. If they are not provided you could then try a charter argument that you did not receive sufficient disclosure. Even if this does not work at trial, it still sets up a good appeal argument. Remember that although you are trying to win at your trial, you also need to ...
by jsherk
Sat Jan 16, 2016 12:50 pm
Forum: General Talk
Topic: HELP!!! I am FREAKING OUT!
Replies: 9
Views: 3140

Re: HELP!!! I am FREAKING OUT!

I believe that Michigan and New York are the two states that have reciprocal agreements with Ontario with regards to DUI.

So yes a DUI in Michigan will be reported to Ontario after you are convicted and it will affect your drivers license and your insurance will go up a lot.

However I do not think the systems are efficient enough for your license ...
by jsherk
Fri Jan 15, 2016 10:07 pm
Forum: Courts and Procedure
Topic: little in the way of disclosure
Replies: 15
Views: 13019

Re: little in the way of disclosure

Poor notes are good for you IF you are good at cross examination.

Read this thread:
http://www.ontariohighwaytrafficact.com/topic7041.html

Here is a good line of questioning in cross examination about independent recollection:
pic1.jpg
pic2.jpg
by jsherk
Fri Jan 15, 2016 9:32 pm
Forum: Driver failing to wear a seat belt
Topic: The idea of failing to provide DL
Replies: 21
Views: 9003

Re: The idea of failing to provide DL

@rank
So it is very important to understand what information the law says you are required to give. So if you are doing something in Ontario that requires a license (driving, hunting) then you are required to provide that license when asked .

In addition to your license, when driving you are required to also produce your insurance and registration ...
by jsherk
Tue Jan 12, 2016 5:56 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance, no permit
Replies: 16
Views: 9760

Re: No Insurance, no permit

First of all never lie to police or prosecutor... so don't say anything that is not true. Sometimes (usually most of the time in my opinion) it is better to say nothing at all.

Yes there is usually some kind of consideration that you got everything sorted out right away. However the no insurance thing is a big one and they tend to not let people ...
by jsherk
Tue Jan 12, 2016 5:38 pm
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20080

Re: Wasn't wearing seatbelt, was delivering a pizza...

You misunderstand... I am compelled to give my license, which I do , but only after asking "Am I required to give that to you?" followed by "Here is my license but I am giving it to you because I have to and I am not giving it to you voluntarily". Any compelled information obtained (whether a statement or a drivers license) can not be used against ...
by jsherk
Tue Jan 12, 2016 4:37 pm
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20080

Re: Wasn't wearing seatbelt, was delivering a pizza...

:roll:
Agreed with the eye roll. You'd be laughed out of court trying you say that any identification should be thrown out of court because you were compelled to give your drivers license. Jsherk had given some good advice in the past but appears to be becoming more and more 'out there'. From counseling offers to counseling purgery to ...
by jsherk
Tue Jan 12, 2016 1:22 pm
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20080

Re: Wasn't wearing seatbelt, was delivering a pizza...

There is always a defence! Whether you can win or not is another story.

If you take the stand and testify this will most likely make your case worse, so you probably don't want to do that.

The officers notes (which is what he will testify) are about as perfect as they could be, so you will have a hard time bringing reasonable doubt to them on ...
by jsherk
Mon Jan 11, 2016 11:47 am
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20080

Re: Wasn't wearing seatbelt, was delivering a pizza...

They may or may not have it ready at this meeting.

I you ask for it, they have to get it for you. If they have it ready then they will probably give it to you then. If they don't have it ready, they will have to get it.
by jsherk
Mon Jan 11, 2016 10:58 am
Forum: Driver failing to wear a seat belt
Topic: Wasn't wearing seatbelt, was delivering a pizza...
Replies: 51
Views: 20080

Re: Wasn't wearing seatbelt, was delivering a pizza...

Early Resolution is not a trial date so you don't need an adjournment.

When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to ...
by jsherk
Mon Jan 11, 2016 10:50 am
Forum: Summon
Topic: received summons but no ticket?
Replies: 6
Views: 3794

Re: received summons but no ticket?

They have up to 6 months from the date of an offence to lay a charge. When did the offence supposedly take place?

When you show up for the date listed on the summons, this is NOT your trial date. They basically want to know how you plan to plead (guilty or not guilty). If can just plead guilty if you want (not adviseable) but if you plead not ...
by jsherk
Mon Jan 11, 2016 10:35 am
Forum: General Talk
Topic: URGENT: London, ON voting on RED LIGHT CAMERAS
Replies: 22
Views: 8112

Re: URGENT: London, ON voting on RED LIGHT CAMERAS

250alp wrote:email your London Councillor or Mayor in general or all of them
Email sent asking them not to approve the cameras.
by jsherk
Mon Jan 11, 2016 10:27 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Need help/advice for ticket 22km/h over, early resolution
Replies: 27
Views: 13424

Re: Need help/advice for ticket 22km/h over, early resolutio

There is no specific way it has to be done. Something like...

NAME:
TICKET NUMBER:
TRIAL DATE:

DISCLOSURE REQUEST
With regards to the charge information above, please accept my request for the following disclosure so that I can prepare a defense, and make full answer to the charge:
- Bla
- Bla bla
- Any other pertinent materials related to this ...
by jsherk
Sat Jan 09, 2016 9:09 am
Forum: General Talk
Topic: Looks like I was screwed today - "Unsafe Lane Change" - NOT!
Replies: 14
Views: 3909

Re: Looks like I was screwed today - "Unsafe Lane Change" -

In order for an 11b to be succesful you would need to be at least 11 months since you requested trial (I beleive it is from when you requested the trial, not from when you recieved the notice of trial, but not 100% sure on this point).

You would also need transcripts of all your court appearances so the JP can review who the time should be ...
by jsherk
Fri Jan 08, 2016 9:44 pm
Forum: Courts and Procedure
Topic: Never talk to the police & Know your rights
Replies: 27
Views: 15351

Re: Never talk to the police & Know your rights

In this post here you tell a user who has hit another vehicle and took off to not talk to the police and don't answer their questions while linking to this thread.

It has not been my intention to offer any advice that is illegal or perceived as illegal. I will try to be more diligent in the future and consider my answers more carefully to avoid ...