Search found 1722 matches

by jsherk
Tue Jan 05, 2016 4:31 pm
Forum: Courts and Procedure
Topic: Summons for an "owner" violation with set fine
Replies: 8
Views: 3447

Re: Summons for an "owner" violation with set fine

You said "our house recieved" .. did it have somebody's specific name on it?
by jsherk
Tue Jan 05, 2016 4:27 pm
Forum: Courts and Procedure
Topic: Never talk to the police & Know your rights
Replies: 27
Views: 12727

Re: Never talk to the police & Know your rights

I still don't understand why people think I am trying to "stick it to the man" ... the Canadian Charter of Rights and Freedoms guarantees us the Right to Remain Silent and the Right to Not Incriminate ourselves and this right applies even to minor traffic violations.

The article gives a great overview (albeit from a criminal charge perspective) of ...
by jsherk
Tue Jan 05, 2016 10:50 am
Forum: Courts and Procedure
Topic: Never talk to the police & Know your rights
Replies: 27
Views: 12727

Re: Never talk to the police & Know your rights

Here is another good article on the Right to Silence:
http://robichaudlaw.ca/right-to-silence ... n-sinclair
by jsherk
Mon Jan 04, 2016 11:20 pm
Forum: Stunt Driving
Topic: pulled over going 166 400 south 17 years old g2
Replies: 15
Views: 8643

Re: pulled over going 166 400 south 17 years old g2

It is a Provincial Offence, not a Criminal Offence so no you do not have to put it on your resume (it is not a "crime").

But yes it will show up on your driving record and will most definitely affect your insurance.

http://maverickslegalservices.ca/stunt-driving
https://robichaudlaw.ca/stunt-driving-r ... r-defence/
by jsherk
Mon Jan 04, 2016 7:16 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" -

Yes the officer must be there as well.
by jsherk
Sun Jan 03, 2016 9:01 pm
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" -

So I would have plead not guilty and requested a trial with the officer present. Once I got the notice of trial, I would have requested disclosure (officers notes and witness statements).

At trial, the officer will testify to laying the charge and to your identity, but the other driver must also be there to testify of the actual accident. If the ...
by jsherk
Sun Jan 03, 2016 1:25 pm
Forum: Stunt Driving
Topic: littering ticket
Replies: 3
Views: 3101

Re: littering ticket

The person that took the video needs to attend the trial date to testify against you and say that they actually saw you litter. And your friend needs to attend the trial date as well to testify for you.

There is no form for them to fill out, so when you go to the early resolution meeting you can advise the prosecutor that you have a witness that ...
by jsherk
Sun Jan 03, 2016 3:47 am
Forum: Stunt Driving
Topic: pulled over going 166 400 south 17 years old g2
Replies: 15
Views: 8643

Re: pulled over going 166 400 south 17 years old g2

Hopefully the license suspension and vehicle impounded and cost to get back your vehicle will be enough to stop you from doing that ever again!

Any charge you end up convicted of (even a 0 demerit point charge) will still cause your insurance to go up.

There is a possibility that the prosecutor might consider dropping it to 149 in 100 (speeding ...
by jsherk
Sun Jan 03, 2016 3:06 am
Forum: Stunt Driving
Topic: pulled over going 166 400 south 17 years old g2
Replies: 15
Views: 8643

Re: pulled over going 166 400 south 17 years old g2

First of all you are going to kill yourself or somebody else if you continue to drive at crazy speeds like that (especially as in low experience driver)!

Now what was the charge or charges that you received?
by jsherk
Sat Jan 02, 2016 11:39 pm
Forum: Careless Driving
Topic: Careless driving charge HELP!
Replies: 5
Views: 2772

Re: Careless driving charge HELP!

If you were given a SUMMONS with a date to appear on it, this is NOT a trial, but it is where they decide if they need to set a trial date if you plan on pleading not guilty. Of course you can just plead guilty at this date and be done with it, but that is not adviseable. You will show up and the prosecutor will probably meet with you and they may ...
by jsherk
Sat Jan 02, 2016 10:42 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop, multiple errors in officers notes
Replies: 5
Views: 2515

Re: Disobey stop, multiple errors in officers notes

The officers testimony (based on his notes) is usually sufficient to get a conviction, so the video evidence may not even be needed.

Without actually seeing the video though, there is no way to know what it shows or what is on it. It may help prosecutors case or it may help your case but it would be pure speculation as to what it might show. Now ...
by jsherk
Fri Jan 01, 2016 8:18 pm
Forum: General Talk
Topic: Snow Clearing of Car Question -Section 74 (1A)
Replies: 8
Views: 4143

Re: Snow Clearing of Car Question -Section 74 (1A)

Yes you can still request a trial if you don't like the results of the resolution meeting.
by jsherk
Fri Jan 01, 2016 6:06 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey stop, multiple errors in officers notes
Replies: 5
Views: 2515

Re: Disobey stop, multiple errors in officers notes

You should take pictures from all angles of the intersection and sign.

Print out 3 copies of each pictures at some place like walmart and make sure they have time/date stamp on them. Take those with you so if you have to question officer you can show him pictures.
by jsherk
Fri Jan 01, 2016 6:04 pm
Forum: General Talk
Topic: Snow Clearing of Car Question -Section 74 (1A)
Replies: 8
Views: 4143

Re: Snow Clearing of Car Question -Section 74 (1A)

I would have her 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 officers notes you can then see what the officer said about which windows were blocked.

Was anybody else in the vehicle with your wife?