Search found 1722 matches

by jsherk
Fri Sep 11, 2015 6:26 pm
Forum: General Talk
Topic: kangaroo court dismisses my appeal under 1 minute
Replies: 15
Views: 5555

Re: kangaroo court dismisses my appeal under 1 minute

One of the biggest problems with our Government, Judges and Police is that they have to take an oath to the Queen and a corporation called Canada, but not to the people.

So everything is not done in our favor. These people are supposed to be public servants, but don't confuse "public" with us people that live here!
by jsherk
Fri Sep 11, 2015 5:50 pm
Forum: General Talk
Topic: kangaroo court dismisses my appeal under 1 minute
Replies: 15
Views: 5555

Re: kangaroo court dismisses my appeal under 1 minute

Well that is too bad. :(

Another great example of the Canadian Injustice System at work!
by jsherk
Fri Sep 11, 2015 1:34 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Options in my Trial for 28km/h over
Replies: 47
Views: 13039

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

I would suggest that even if you got it a week in advance that is not enough time to prepare.

Approximately 21 days before the trial date, you could file a From 4F Stay request if you have not received the disclosure by then. Having your charge Stayed is basically the same as dropped. Most likely the JP will not approve the Stay request, in which ...
by jsherk
Fri Sep 11, 2015 11:45 am
Forum: General Talk
Topic: Can I get a ticket for a traffic violation not witnessed?
Replies: 4
Views: 2520

Re: Can I get a ticket for a traffic violation not witnessed

Did I potentially just hang myself and could I expect a ticket in the mail despite him saying he wouldn't? I don't even know if a ticket in the mail after the fact is possible

Yes you did and yes he can. Hopefully he will keep his word and won't, but they have 6 months to send you a ticket in the mail.

I stick by my advice of "never talk to ...
by jsherk
Fri Sep 11, 2015 11:39 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Turning left on into the pedestrian lane on a red on bicyce
Replies: 4
Views: 2438

Re: Turning left on into the pedestrian lane on a red on bic

My opinion, but never plead guilty upfront.

I always tell everybody they should plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes, witness statements). Once you get disclosure you can then better decide how to proceed. And remember that at the trial ...
by jsherk
Fri Sep 11, 2015 11:32 am
Forum: General Talk
Topic: Parking Infraction Notice - Form 13
Replies: 1
Views: 2052

Re: Parking Infraction Notice - Form 13

bump ... any ideas anybody?
by jsherk
Wed Sep 09, 2015 8:54 pm
Forum: General Talk
Topic: Industry Canada certification of radar device missing
Replies: 5
Views: 2705

Re: Industry Canada certification of radar device missing

The manual I got says Genesis Handheld Directional (GHD) and Scout. Does not mention anything about "VP" in the manual.

Is the GHD/Scout a predecessor to the VP?
by jsherk
Tue Sep 08, 2015 5:47 pm
Forum: General Talk
Topic: Notice of Impending Conviction for failure to respond
Replies: 2
Views: 1833

Notice of Impending Conviction for failure to respond

Provincial Offences Act Section 18(1) Talks about a Notice of Impending Conviction if you ignore a parking ticket.

Is a municipality required to issue one these (will they always issue one)?

Or is it optional and just dependent on the municipality?

Thanks
by jsherk
Tue Sep 08, 2015 12:47 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 19372

Re: Driving Wrong Way - Possible Incorrect Charge

Digital time stamp on photo must be embedded from the camera that took it.

Walmart is fine.

Read this:
http://www.ontariohighwaytrafficact.com/topic1765.html
by jsherk
Sun Sep 06, 2015 10:31 pm
Forum: General Talk
Topic: Parking Infraction Notice - Form 13
Replies: 1
Views: 2052

Parking Infraction Notice - Form 13

So how exact does a Form 13 Parking Infraction Notice have to match the one listed here (POA 0857)?
http://www.ontariocourtforms.on.ca/english/provincial-offences-act-forms

The one I received has at least a dozen mispelled or missing or added words.

It also does not use the words "contrary to" anywhere on the notice.

The notice has 3 options ...
by jsherk
Sun Sep 06, 2015 10:22 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Review of Disclosure HTA 144(18) Red Light Fail to Stop
Replies: 6
Views: 2746

Re: Review of Disclosure HTA 144(18) Red Light Fail to Stop

Contact several paralegals and get several opinions as (unfortunately) some of them simply want your money to go get a plea deal that you could have gotten yourself.
by jsherk
Sun Sep 06, 2015 8:40 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Review of Disclosure HTA 144(18) Red Light Fail to Stop
Replies: 6
Views: 2746

Re: Review of Disclosure HTA 144(18) Red Light Fail to Stop

Cross examination is the key to winning (most of the time) and probably the hardest thing to learn to do well. The trick is to bring reasonable doubt to the officers testimony by questioning him about what they said and by suggesting other possible scenarios, but this is a hard trick to learn because if you do it wrong you can actually hurt your ...
by jsherk
Sat Sep 05, 2015 9:24 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Review of Disclosure HTA 144(18) Red Light Fail to Stop
Replies: 6
Views: 2746

Re: Review of Disclosure HTA 144(18) Red Light Fail to Stop

So the caution for speeding is meaningless right now since he did not issue you a ticket. Your trial will be for the fail to stop at red light which is all you should be worried about right now.

Of course the officer has 6 months to charge you for speeding from the date of the offence so if it has been less than 6 months (on Sept 28) then there is ...
by jsherk
Thu Sep 03, 2015 9:32 pm
Forum: Driver failing to wear a seat belt
Topic: Fail to wear seatbelt
Replies: 4
Views: 3359

Re: Fail to wear seatbelt

You should choose NOT GUILTY option with a Trial with Officer present. Once you get Notice of Trial you can file for disclosure (the officers notes). Once you get the notes, post them here and we can give more advice. Until you read the officers notes, you really have no idea what their case against you is (or if they even have a case against you).
by jsherk
Mon Aug 31, 2015 9:00 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45866

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

Well I guess I only need to worry about that if they actually find something!
by jsherk
Mon Aug 31, 2015 6:35 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45866

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

I am sending an FOIR (Freedom of Information Request) to see if I can find out any more details. It's a long shot but worth a try.

Anybody else want to send one as well? It only costs $5 and if they receive more than one at a time it might make them go searching a little quicker for the info.

I have attached a copy of my FOIR.

FOIR_tuning_forks ...
by jsherk
Mon Aug 31, 2015 12:08 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Radar used by officer driving in front
Replies: 5
Views: 4216

Re: Radar used by officer driving in front

I recommend you choose NOT GUILTY option for Trial with Officer present. Once you get notice of trial you can then request disclosure.

You do not necessarily need to go to the trial. After you receive disclosure, you can decide to (i) just pay it, or (ii) not show up for the trial (and most likely be found guilty), or (iii) hire paralegal to ...
by jsherk
Thu Aug 27, 2015 10:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Will my insurance go up with failure to stop on red light?
Replies: 7
Views: 4627

Re: Will my insurance go up with failure to stop on red ligh

There is no downside to pleading not guilty and requesting a trial.

I recommend you choose the NOT GUILTY option for a Trial with the officer present.

Once you get your Notice of Trial you can then request disclosure (the officers notes) and decide whether to fight it further or not.
by jsherk
Wed Aug 26, 2015 8:52 pm
Forum: Improper left turn
Topic: help on dashcam video
Replies: 2
Views: 2903

Re: help on dashcam video

I don't know about specifics, so this is just what I would do:

(1) Send a notice to the clerk and the prosecutor that you will have video evidence you want to present at the trial, and will require a DVD player and TV or a laptop computer in the court room.

(2) Burn your video onto a DVD and on a USB stick as well.

(3) Bring the original camera ...
by jsherk
Wed Aug 26, 2015 8:48 pm
Forum: Careless Driving
Topic: Careless Advice
Replies: 6
Views: 2427

Re: Careless Advice

I suppose it is something that could be used if necessary but I personally have never seen or heard anybody use one in Provincial Offences court before.
by jsherk
Tue Aug 25, 2015 8:59 pm
Forum: Careless Driving
Topic: Can I get charged by OPP on this?
Replies: 14
Views: 5812

Re: Can I get charged by OPP on this?

You may want to talk to an expert about the insurance issue and see if there is anything that can be done. I honestly do not know anything about how insurance companies determine fault and if there is any kind of appeal process or not.

But I don't think the insurance decision saying it is your fault has any bearing on whether the police charge you ...
by jsherk
Tue Aug 25, 2015 8:07 pm
Forum: Careless Driving
Topic: Careless Advice
Replies: 6
Views: 2427

Re: Careless Advice

Anybody giving evidence has to be there in person. So the son would have to be there. And they could in theory contact the other people involved and ask for further statements and ask them to testify. So I would choose the NOT GUILTY option for a TRIAL with the Officer present, and then once you get a trial date you need to request disclosure which ...
by jsherk
Tue Aug 25, 2015 6:40 pm
Forum: Careless Driving
Topic: Careless Advice
Replies: 6
Views: 2427

Re: Careless Advice

The following thread started out talking about follow too closely, but then careless came up so you might want to read it:
http://www.ontariohighwaytrafficact.com ... tml#p36951

Then you might want to read this:
http://www.ontariohighwaytrafficact.com/topic7039.html

And this:
http://www.ontariohighwaytrafficact.com/topic7032.html
by jsherk
Tue Aug 25, 2015 6:35 pm
Forum: Careless Driving
Topic: Can I get charged by OPP on this?
Replies: 14
Views: 5812

Re: Can I get charged by OPP on this?

Yes, they have 6 months to charge you. The 30 days only applies to the method they use to charge (something like indictable or not).
by jsherk
Tue Aug 25, 2015 3:44 pm
Forum: Careless Driving
Topic: Can I get charged by OPP on this?
Replies: 14
Views: 5812

Re: Can I get charged by OPP on this?

I do not know the answer to that part of your question, which is why I did not answer. Just call your insurance company and ask them.
by jsherk
Tue Aug 25, 2015 3:32 pm
Forum: Careless Driving
Topic: Can I get charged by OPP on this?
Replies: 14
Views: 5812

Re: Can I get charged by OPP on this?

You will really have to wait another 5 months and see if the officer decides to charge you with something or not.

However, the officer will need a witness as to whatever he charges you for. So if the truck driver or another witness can testify to you "driving carelessly" or "speeding" or whatever, then that is what he would charge you with. He ...
by jsherk
Tue Aug 25, 2015 3:24 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45866

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

@observer135 - Do you have any information on Ontario's request, as in who it was (like OPP or some other government division) that asked for the customized version? News articles? Forum posts?

I understand that I am indeed trying to climb Mount Everest, but I cannot find any information as to anybody else having tried to go this route before ...
by jsherk
Mon Aug 24, 2015 8:16 pm
Forum: General Talk
Topic: Filling Notice of Motion before trial
Replies: 1
Views: 1656

Filling Notice of Motion before trial

For Provinical Offences like speeding, if I want to file a Notice of Motion before the trial for anything (let's say to have some evidence excluded), do I have to use the form POA-0007, or can I just submit something that is similar to it?

The reason I ask is that it contains a sentence that says "And further take notice that in support of this ...