Search found 1722 matches

by jsherk
Sun Jan 17, 2016 1:10 pm
Forum: Courts and Procedure
Topic: little in the way of disclosure
Replies: 15
Views: 11358

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: 2981

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: 11358

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: 8038

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: 8197

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: 18155

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: 18155

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: 18155

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: 18155

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: 18155

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: 3604

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: 6730

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: 12631

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: 3714

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: 12729

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 ...