Search found 1722 matches

by jsherk
Thu Oct 15, 2015 6:24 pm
Forum: Careless Driving
Topic: Witness Statement , No Witness at Trial.
Replies: 7
Views: 4630

Re: Witness Statement , No Witness at Trial.

Correct... you do not have to be at your trial, only your representative.

If you do not accept the offer then yes it is for guilty/not guilty of original charge of careless. They will not lower the charge if you take it to trial.
by jsherk
Thu Oct 15, 2015 5:55 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 33132

Re: Radar Manual- No tuning forks and No tracking history

I think (but am not 100% sure) that it was just the same manual in the US and Canada and that there was not a specific seperate one for Canada.

When they put the Canada version out, they just added "not intended for use in Canada" to the US version.

Type the following into Google exactly as I have it:
"genesis ii select radar" site:scribd.com
by jsherk
Thu Oct 15, 2015 5:51 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) - Disclosure Review Help and Similar Case Studies
Replies: 4
Views: 2107

Re: 144(18) - Disclosure Review Help and Similar Case Studie

I suppose you could ask, but he will probably say no at which point you would be best not to pursue it anymore. If he says yes or that he does not recall, then you can ask "so it's possible this vehicle partially obscured your view of my vehicle?"
by jsherk
Thu Oct 15, 2015 2:01 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) - Disclosure Review Help and Similar Case Studies
Replies: 4
Views: 2107

Re: 144(18) - Disclosure Review Help and Similar Case Studie

You have to file the stay request about 15 days ahead of time, so I always recommend to do it 21 days before your trial. It is worth a try, and worst case is that JP will just say no to it, and the trial will continue.

Not sure what else you asked for in disclosure, but the officers notes are the only thing they need to convict you. If there was ...
by jsherk
Thu Oct 15, 2015 1:25 pm
Forum: General Talk
Topic: Minor Mistake on Disclosure Form
Replies: 6
Views: 2430

Re: Minor Mistake on Disclosure Form

I always fax my requests to both the prosecutors office and the clerk of the courts office. And then I print out the FAX SENT OK report and keep that as proof I sent them. The judge should not throw out your requests.
by jsherk
Thu Oct 15, 2015 1:22 pm
Forum: General Talk
Topic: Xcopper sucks !
Replies: 4
Views: 1540

Re: Xcopper sucks !

Yes unfortunately there are many "bad" paralegals out there that will just take your money and you will still end up getting charged!

You are better to put the time into learning how the system works for yourself.
by jsherk
Wed Oct 14, 2015 12:03 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light - Fail to Stop (But it was definitely Amber!)
Replies: 17
Views: 7220

Re: Red Light - Fail to Stop (But it was definitely Amber!)

Well it is a good sign that the JP wants time to deliberate. That means that you did at least give him/her something to think about, but it does not mean that you won. Now usually when I have seen this happens, the JP will take 10 or 15 minutes then come back and give decision. So is it strange that JP put it off until January? Well for a POA case ...
by jsherk
Wed Oct 14, 2015 10:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 20km/hr over reduced to 15km/hr
Replies: 2
Views: 2308

Re: 20km/hr over reduced to 15km/hr

The 80 does not start until you get to the 80 begins, so right before the 80 begins, it is still a 60. Where they pull you over does not matter. So your explanation is not a defense to the charge at all, and in fact would help the prosecutors case.

But remember you do not have to testify against yourself, so there are others ways to win without ...
by jsherk
Tue Oct 13, 2015 12:28 pm
Forum: Going the wrong way on a one-way road
Topic: Drove on wrong side of the road.
Replies: 5
Views: 6687

Re: Drove on wrong side of the road.

Yes in theory you could still get a ticket.

But they need a witness to identify you, so even if you did get a ticket, I would take it all the way to trial because most likely the person that reported it will not show up to testify against you and they would have to drop the ticket.

If police contact you, you do NOT have to answer any of their ...
by jsherk
Sun Oct 11, 2015 2:06 pm
Forum: General Talk
Topic: Cross-examination questions for speeding/radar ticket
Replies: 4
Views: 4434

Re: Cross-examination questions for speeding/radar ticket

Just posting this here from another thread as it is relevant when you were paced:

If the officer used pacing to lay the charge, you can still ask the officer questions. Calibration sticker on the speedometer? Tire pressures? Were they set to OEM? When were they last checked?
R. v. Koumoudouros [2005] O.J. No. 5055: https://anonfiles.com/file ...
by jsherk
Sat Oct 10, 2015 4:33 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) Need Help
Replies: 12
Views: 4877

Re: Disobey Sign 182 (2) Need Help

Officers will almost always show up now a days so don't rely on that one.

The video does not matter and radar does not matter. Police can charge you with speeding just by tailing/pacing you. Whatever is in the officers notes will be her testimony, so basically she has to testify to (1) what the sign said, and (2) how you disobeyed it. So if notes ...
by jsherk
Sat Oct 10, 2015 3:44 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) Need Help
Replies: 12
Views: 4877

Re: Disobey Sign 182 (2) Need Help

Yes you always have a chance in court. But note that she did not charge you with speeding so radar is not an issue.

Yes the officer can use video evidence in court.

I would choose NOT GUILTY option and request a trial with the officer present. Once you get your notice of trial, then you request disclosure which will include the officers notes and ...
by jsherk
Sat Oct 10, 2015 3:36 pm
Forum: Careless Driving
Topic: Which Option?
Replies: 2
Views: 1967

Re: Which Option?

I recommend you always choose the NOT GUILTY option and request a trial with the Officer present.

Once you get your notice of trial, then you request disclosure which should include the officers notes, and all witness statements and their will-say statements.

Remember if you go to trial that an actual witness must be there to testify against you ...
by jsherk
Sat Oct 10, 2015 12:26 pm
Forum: General Talk
Topic: Ran a red light and caused an accident
Replies: 34
Views: 12914

Re: Ran a red light and caused an accident

To clarify, if ONE shows up, that may still be enough convict you. But if both do not show up, then they must drop the charges.

However one might or might not be enough, depending on what their statements say. You have to read what they said carefully and see what they are specifically saying about you and your car.
by jsherk
Thu Oct 08, 2015 1:07 pm
Forum: General Talk
Topic: Ran a red light and caused an accident
Replies: 34
Views: 12914

Re: Ran a red light and caused an accident

You can try... you could write your disclosure request and see if you can get it ahead of time. You may or you may not.

But let me point out why you probably want to fight this ticket all the way...
At least one of the other two drivers MUST show up on the trial date (not December 8) to testify that you were the driver.
The police officer will be ...