Search found 1722 matches

by jsherk
Fri Feb 17, 2017 1:44 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure has Spd Read 120, Locked 117km/h - fine is 120kmh
Replies: 2
Views: 2098

Re: Disclosure has Spd Read 120, Locked 117km/h - fine is 12

The highest speed the officer observed (and puts in his notes) is the speed he can write on the ticket and the speed that will stick in court. Locked or not is irrelevent.
by jsherk
Fri Feb 17, 2017 8:35 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: trying to ask for additional disclosure what should i do?
Replies: 29
Views: 9783

Re: trying to ask for additional disclosure what should i do

Well I stand corrected... DBC is an available feature on some LIDAR. Learn something new everyday!
by jsherk
Wed Feb 15, 2017 6:40 pm
Forum: General Talk
Topic: Fail to drive in marked lane 154-1-a
Replies: 5
Views: 8285

Re: Fail to drive in marked lane 154-1-a

If that happens and you get re-served with correct charge, then I think it is still a fightable offence as it was weather related and outside of your wife's control. The fact that the other vehicle went by you and then spun out on the ice as well helps your case.
by jsherk
Wed Feb 15, 2017 4:50 pm
Forum: General Talk
Topic: Fail to drive in marked lane 154-1-a
Replies: 5
Views: 8285

Re: Fail to drive in marked lane 154-1-a

If it says NOTICE OF OFFENCE at the top of the ticket (which is sounds like it does if it has option 3), then per highwaystars advice, DO NOTHING and do NOT respond at all and keep the ticket safe so you can force a fatal error. If you show up to court, they are allowed to fix the error, so you do not want to show up for court.

There are two ...
by jsherk
Wed Feb 15, 2017 4:41 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 54159

Re: careless driving because pedestrian claims my car hit he

But very unlikely... would have to be a very serious crime for them to try that.
by jsherk
Wed Feb 15, 2017 11:59 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ticket not signed by officer
Replies: 9
Views: 10034

Re: ticket not signed by officer

If you want the fatal error to work then do NOT show up for your court date. If you show up for court, then these case laws they have stated above will come into play and they can still have a trial against you even if your ticket is not signed.

However, if you do not show up for court (my recommendation) then you will most likely be found gulty ...
by jsherk
Wed Feb 15, 2017 11:46 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: trying to ask for additional disclosure what should i do?
Replies: 29
Views: 9783

Re: trying to ask for additional disclosure what should i do

Radar can not target an individual vehicle. The beam is wide and most units now will tell you the speed of the fastest vehicle in the beam and also the speed of the strongest signal in the beam. However it can NOT tell the officer which vehicle is which. The officer must visually guess which vehicle is triggering which speed reading. Obviously if ...
by jsherk
Wed Feb 15, 2017 11:24 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: trying to ask for additional disclosure what should i do?
Replies: 29
Views: 9783

Re: trying to ask for additional disclosure what should i do

Once the ticket is written and served, it is NOT the officers call on how to proceed. It is fully up to the prosecutor. The prosecutor does not need the officers permission to reduce it or withdraw it.
by jsherk
Wed Feb 15, 2017 11:22 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ticket not signed by officer
Replies: 9
Views: 10034

Re: ticket not signed by officer

My opinion again is that the signature is a STATUATORY REQUIREMENT and can not be waived.
by jsherk
Mon Feb 13, 2017 9:36 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ticket not signed by officer
Replies: 9
Views: 10034

Re: ticket not signed by officer

If it's electronic, it should have the printed name of the officer in the signature box, which is acceptable.

If it's hand written, it should have a real signature in the signature box.

My opinion is that if there is no signature, then it is a fatal error as long as you do not show up for trial . The case law does not change the actual statute ...
by jsherk
Mon Feb 13, 2017 7:04 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: ticket not signed by officer
Replies: 9
Views: 10034

Re: ticket not signed by officer

It is a hand printed ticket or is it an electronic ticket (all typed)?

Can you scan and post the ticket (with personal and officer info blanked out)?
by jsherk
Mon Feb 13, 2017 2:14 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
Replies: 22
Views: 8781

Re: Failure to surrender insurance card in dealership loaner

The courts have no obligation to give a grace period. Legally, on day 16, they can convict for non-response.
by jsherk
Mon Feb 13, 2017 11:58 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 54159

Re: careless driving because pedestrian claims my car hit he

Congratulations on the win. Yes it is all done now with nothing to worry about.
by jsherk
Sat Feb 11, 2017 10:20 pm
Forum: General Talk
Topic: 4 Way Intersection with 3 Stop Signs? (Parking Lot)
Replies: 5
Views: 2714

Re: 4 Way Intersection with 3 Stop Signs? (Parking Lot)

I believe there is charge for proceeding out of a driveway or parking lot onto a road withoug stopping. Sounds like a stop sign for the parking lot is missing, but even without the stop sign that person would probably still be considered at fault.
by jsherk
Sat Feb 11, 2017 10:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
Replies: 22
Views: 8781

Re: Failure to surrender insurance card in dealership loaner

No you can not retract it. But I don't see why you would want to anyways. You have the right to view the case against you (disclosure/officers notes) and you can just pay the ticket anytime up to the trial without further penalty, so there is no disadvantage to ask for a trial and then ask for disclosure.

And no there is NOT another 45 days grace ...