Search found 1722 matches

by jsherk
Mon Nov 09, 2015 2:16 pm
Forum: General Talk
Topic: Ran a red light and caused an accident
Replies: 34
Views: 12915

Re: Ran a red light and caused an accident

I would go to the clerks office and ask for a copy of both sides the original ticket (Certificate of Offence).

I would also verify whether you need to attend the Summons date that you got.

It is all very confusing to me since they issued you a summons so why was there a charge issued? Possibly it is for some other charge but you really need to ...
by jsherk
Sun Nov 08, 2015 9:12 pm
Forum: General Talk
Topic: My Run in with HTA 172
Replies: 6
Views: 2091

Re: My Run in with HTA 172

You have to get disclosure (officer's notes) and review it before you know what the best possible outcome might be.

You should show up to court date and be very nice to prosecutor and see what kind of plea deal he will offer.

Then you should ask if disclosure is available. And then say you would like to review disclsoure before you decide whether ...
by jsherk
Sat Nov 07, 2015 7:39 pm
Forum: Courts and Procedure
Topic: 5 months since filing and no appeal date yet...
Replies: 16
Views: 6454

Re: 5 months since filing and no appeal date yet...

Posted transcript of original trial and the appeal we presented here:
http://www.ontariohighwaytrafficact.com/topic7286.html

It's for speeding but gives you something to work off.
by jsherk
Sat Nov 07, 2015 11:44 am
Forum: Failing to obey signs
Topic: Disobey stop sign
Replies: 11
Views: 6629

Re: Disobey stop sign

Demerit points do not have to be listed on the ticket.

Even a charge that has 0 demerit points can still affect your insurance (insurance companies do not care about demerit points).

The Highway Traffic Act applies everywhere in Ontario including residential streets and all roads and highways.

The OPP can issue tickets anywhere in Ontario on ...
by jsherk
Fri Nov 06, 2015 9:49 am
Forum: General Talk
Topic: Speeding in a Provincial Park
Replies: 4
Views: 2831

Re: Speeding in a Provincial Park

Remember a 0 demerit point charge is considered at least a minor infraction by your insurance and can cause your rates to go up.

Insurance companies do not care about demerit points. They are completely irrelevant to whether your insurance goes up or not.
by jsherk
Fri Nov 06, 2015 8:26 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8434

Re: Disclosure Request

Yep the best you can do is submit a stack of case law which supports your point.

If you can find an Ontario Court of Appeal case, then this is binding on the JP.
by jsherk
Thu Nov 05, 2015 11:58 am
Forum: Prohibited turns
Topic: HELP: HTA 144(9) - Trial Apr 4, 2016
Replies: 5
Views: 3007

Re: HELP: HTA 144(9) - Trial Apr 4, 2016

Officer will probably show up.

I think if the sign is clearly not visible, then it should get dropped or you should win.

For early resolution, wait until you get disclosure. Then you can contact prosecutors office and try and set it up. I would say something like "I don't want to waste the courts time or officers time because I have a picture ...
by jsherk
Thu Nov 05, 2015 11:51 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8434

Re: Disclosure Request

The old radar manuals said they MUST estimate the speed before activating radar. This was removed in the newer ones. Not sure what is in the LIDAR manuals.

However a lot of officers will put in their notes something like "vehicle appeared to be going faster than posted speed limit". So they do not necessarily have to estimate the speed, but they ...
by jsherk
Wed Nov 04, 2015 11:04 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8434

Re: Disclosure Request

If it is computer generated then the digital signature is okay.

Now here is a question I do not know the answer to... why are some fields different on the Certificate of Offence versus your Notice of Offence? I would think they should be identical.

Also the other question I do not know the answer to... if the service upon defendant is not filed ...
by jsherk
Wed Nov 04, 2015 8:36 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Options in my Trial for 28km/h over
Replies: 47
Views: 11955

Re: Options in my Trial for 28km/h over

Yes when they want to change the date, then that works in your favor.
by jsherk
Tue Nov 03, 2015 4:41 pm
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8434

Re: Disclosure Request

Typed version of officers notes are all you need. If you find the officer on the stand is making comments from his notes that are not included in your notes, you could then object and say he is reading from notes that were note provided to you in disclosure.

I would immediately send another request for the full manual. I would add that you "need ...
by jsherk
Tue Nov 03, 2015 4:34 pm
Forum: General Talk
Topic: Ran a red light and caused an accident
Replies: 34
Views: 12915

Re: Ran a red light and caused an accident

Well I would take the Notice of Fine and the Summons and go to the Clerk of the Courts office at the Provinvial Offences building and ask them what is going on.

Show them you have a summons and ask them why they sent you fine already.

Seems to me somebody just made a mistake.
by jsherk
Tue Nov 03, 2015 4:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Options in my Trial for 28km/h over
Replies: 47
Views: 11955

Re: Options in my Trial for 28km/h over

How many pages of the notebook are there in disclosure? When officer first takes the stand, there will be a few questions before the officer can use his notes like "are they in your handwriting" and "when did you write them". You should be given an opportunity to ask about these notes before the officer is allowed to use them. So you could say ...
by jsherk
Tue Nov 03, 2015 12:12 pm
Forum: General Talk
Topic: parking, stickers and ins.
Replies: 5
Views: 1631

Re: parking, stickers and ins.

Well first just because sticker is expired does not mean they do not have insurance.

Second, are they really bothering you?

Third, if you report them then they just have to pay into the system supporting an already out of control government.

Personally, if they were not bothering me then I would just leave them alone.
by jsherk
Mon Nov 02, 2015 1:59 pm
Forum: Driving While Suspended
Topic: Interesting suspended license story. Require info.
Replies: 2
Views: 2716

Re: Interesting suspended license story. Require info.

Go to MTO and ask for a copy of your driving record to see what is showing up on it.

If there is something that should not be there, then ask them what the process is to get it sorted out.