Search found 1722 matches

by jsherk
Sat Dec 19, 2015 10:09 pm
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 9376

Re: No light on bike after dark

Well the section says between sunset and sunrise so sufficient light is irrelevent IMO.
by jsherk
Sat Dec 19, 2015 9:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Radar and GPS
Replies: 15
Views: 5508

Re: Radar and GPS

OPP do have ALRP, but not sure how many.

ALRP is just another violation of our rights in my opinion.
by jsherk
Sat Dec 19, 2015 11:14 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 29km/hr over reduced to 10km/hr over
Replies: 26
Views: 7981

Re: 29km/hr over reduced to 10km/hr over

Just another thought... you can ask for an Order Excluding Witnesses:
"At the beginning of the trial, you or the Crown may ask the trial judge to order all witnesses in the case to remain outside the courtroom until they testify. This is to make sure that witnesses do not change their evidence based on what they hear other witnesses say in the ...
by jsherk
Sat Dec 19, 2015 9:31 am
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 9376

Re: No light on bike after dark

Also, if you read the officers notes, he does not specify where he saw the bike in his notes, so you need to listen closely when he testifies. There are 4 possible things he could say as to where he saw the bike:
(i) He saw the bike, but does not say where it was.
(ii) He saw the bike on the sidewalk only.
(iii) He saw the bike on the road only ...
by jsherk
Sat Dec 19, 2015 9:15 am
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 9376

Re: No light on bike after dark

The time on the ticket is 10:30 pm. Unfortunately for us, very definitely after sunset. Does the Crown need to have *some* supporting evidence or testimony to establish when sunset was or can the court rightly, in all honestly, assume the offence was after? Either way, Jshek, you make a good point about "insufficient light" being an easy win for ...
by jsherk
Fri Dec 18, 2015 10:37 pm
Forum: General Talk
Topic: No light on bike after dark
Replies: 35
Views: 9376

Re: No light on bike after dark

What time did this actually occur? The time will be on the ticket. Then google "time of sunset on such and such a date" and let me know what time the sunset was that day.

And as a side note, she is not being charged for swearing so it has nothing to do with the charge so anytime the officer starts to testify anything about what she said, you ...
by jsherk
Fri Dec 18, 2015 10:28 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Dash cam video
Replies: 6
Views: 2731

Re: Dash cam video

The only comment I have is that the pulling over part of the video has nothing to do with the charge of not stopping at the stop sign, which is why they would not need to play it all the thru.
by jsherk
Fri Dec 18, 2015 8:07 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17960

Re: truly was not speeding

There is no requirement for officer to "lock in" a reading. They will testify to the first reading or highest reading they SAW on the radar and that will be considered prima facia evidence of your speed at the time unless you can bring reasonable doubt to the reading, like proving they did not follow manufacturers instructions for testing it ...
by jsherk
Fri Dec 18, 2015 7:58 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 29km/hr over reduced to 10km/hr over
Replies: 26
Views: 7981

Re: 29km/hr over reduced to 10km/hr over

Okay so you can probably ask the officer about the amount of traffic on the road, but if the officer says something like "very few vehicles" or "yours was the only one" then there is really nothing else you can do. Officer said it, so that is a fact now unless you have other evidence to prove it is not a fact. You could testify that there was a lot ...
by jsherk
Thu Dec 17, 2015 10:19 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17960

Re: truly was not speeding

Most people have no clue how the court operates, so when the prosecutor gets a request for stuff like you are asking for, they will just blow it off and not give it to you. If you have given some good reasons why you need it, then I would file an 11b charter application 3 weeks before the trial saying you have not received it as this will force the ...
by jsherk
Thu Dec 17, 2015 10:14 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 29km/hr over reduced to 10km/hr over
Replies: 26
Views: 7981

Re: 29km/hr over reduced to 10km/hr over

Objection: Yes, just interrupt and say "I object to that because..."

Whatever the officer says on the stand is evidence unless you can either (i) get him to admit he said something that was in error, or (ii) have a witness that can testify something different. But what side of the road the officer pulled you over on is really irrelevent. If he ...
by jsherk
Thu Dec 17, 2015 1:57 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Avoiding an accident
Replies: 10
Views: 3073

Re: Avoiding an accident

Plead NOT GUILTY and request a trial with the officer present.

Once you get your Notice of Trial, then request disclosure (officers notes).

You can not make any decisions until you see the evidence against you. Once you get the notes, then you will know what the officer has to say about it and then you can decide whether to continue fighting or ...
by jsherk
Wed Dec 16, 2015 11:20 pm
Forum: General Talk
Topic: REQUESTING DISCLOSURE OF RADAR/LIDAR MANUAL
Replies: 19
Views: 12484

Re: REQUESTING DISCLOSURE OF RADAR/LIDAR MANUAL

See this thread, top of page 3 for most recent update on the tuning fork issue:
http://www.ontariohighwaytrafficact.com ... 82-30.html
by jsherk
Wed Dec 16, 2015 9:08 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17960

Re: truly was not speeding

You are entitled to prepare your defense and make full answer to the charges.

Anything you want, like manual and VIN number, will have to be argued about why you need it and why it is important to your defense. If you can't convince the prosecutor to give it to you, then you need to convince the JP to make the prosecutor give it to you. If you can ...
by jsherk
Wed Dec 16, 2015 8:25 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: truly was not speeding
Replies: 57
Views: 17960

Re: truly was not speeding

Well that is good news! :)