Search found 1722 matches

by jsherk
Thu Aug 06, 2015 9:16 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8433

Re: Disclosure Request

I have used email with my last few disclosure requests, and received it just fine. Much easier than having to go pick it up.

If you don't get it, make sure to send 2nd and third requests with correct email address. I use free online fax service to send requests and then print email confirmation to prove I sent them which is much cheaper and faster ...
by jsherk
Sat Aug 01, 2015 9:06 am
Forum: Improper passing
Topic: Can I be charged or get a knock on my door
Replies: 9
Views: 4400

Re: Can I be charged or get a knock on my door

First of all NEVER lie to the police, otherwise you can be charged with something like Public Mischief.

Your response should be "I have no comment, now please go away because I am under no legal obligation to answer any of your questions or to even talk to you."

Read the ALL the links at the topic I referenced above.

Most people do not ...
by jsherk
Fri Jul 31, 2015 9:09 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding on Highway 69 in Sudbury - OPP officer
Replies: 5
Views: 2742

Re: Speeding on Highway 69 in Sudbury - OPP officer

1. Until you get disclosure from the officer, you will not know "how sure" he was that you were the car. Definitely something you could question him on in cross examination at a trial.
2. Again you won't know until you get disclosure.
3. When I have provided an email address in my disclosure request, I have been sent the disclosure by email.

Not ...
by jsherk
Fri Jul 31, 2015 8:57 pm
Forum: General Talk
Topic: Charter violations by the Ontario government
Replies: 12
Views: 4052

Re: Charter violations by the Ontario government

I personally am against AMP's but if BC's are being challenged at the SCC level, then that may turn out in favor of AMPs.


SCC Denies Canadians Right to Strong Presumption of Innocence

July 31, 2015 - Supreme Court of Canada Denies Canadians Right to Strong Presumption of Innocence

Toronto, ON.—In an unfortunate setback for the Charter rights ...
by jsherk
Fri Jul 31, 2015 8:48 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16552

Re: Driving Wrong Way - Possible Incorrect Charge

So this is when I would make a Second Disclosure Request and simply state that you received a copy of the officers notes, but they are mostly illegible and you would like a typed copy that includes the meaning of any shortforms used.
by jsherk
Fri Jul 31, 2015 9:27 am
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 10673

Re: Stopped for truck inspection, charter challenge 10 (b)?

Heynow999 wrote:For example I admitted to talking on my cell phone in the belief that being co-operative and friendly would save me some tickets. ( it does not)
Generally, you should never talk to police:
http://www.ontariohighwaytrafficact.com/topic7032.html
by jsherk
Fri Jul 31, 2015 9:21 am
Forum: Improper passing
Topic: Can I be charged or get a knock on my door
Replies: 9
Views: 4400

Re: Can I be charged or get a knock on my door

Remember that in this case, the only witness is the other driver. So you do NOT have to answer ANY questions the police ask you, otherwise you will incriminate yourself.

The general rule is NEVER TALK TO POLICE, which would appear to apply in your situation.
http://www.ontariohighwaytrafficact.com/topic7032.html

I would NOT got to the police ...
by jsherk
Wed Jul 29, 2015 9:39 am
Forum: General Talk
Topic: Orillia court- time to get trial
Replies: 3
Views: 1693

Re: Orillia court- time to get trial

Yes officer can give you a summons for speeding within 6 months of the offense.

Trial dates in Orillia will probably be within 3 to 4 months of when you request it... Smaller cities/towns do not have the backlog like Toronto so you tend to get a quick trial date. They also schedule the trial dates based on the officers work schedule so 99.9% of ...
by jsherk
Mon Jul 27, 2015 12:00 pm
Forum: Red Light Camera Ticket
Topic: How long does it take to get a response? Please help!
Replies: 1
Views: 2834

Re: How long does it take to get a response? Please help!

Well as with all government run departments, nothing is quick. Best bet is to call and ask if they received your mailed in response and then ask how long to get an response from them.
by jsherk
Mon Jul 27, 2015 11:59 am
Forum: Stunt Driving
Topic: Charged with 172(1) -- Seeking advice
Replies: 17
Views: 11826

Re: Charged with 172(1) -- Seeking advice

I think 49 over is the best deal you will get. But if it was me, I would still want to opt for disclosure before I agreed to the 49 over charge, so you could still ask about it.
by jsherk
Sat Jul 25, 2015 8:23 am
Forum: General Talk
Topic: How to make sure my evidence is admissible in appeal court?
Replies: 7
Views: 2552

Re: How to make sure my evidence is admissible in appeal cou

As far as I am aware you can not get reimbursed for your transcript costs, legal fees, your time or anything else you can think of, even if you win!

This is how our great canadian justice system works --> Do you want justice? Then you need to be able to pay for it! :(
by jsherk
Thu Jul 23, 2015 10:39 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket In Dryden, ON HWY 17 29km/hr OVR
Replies: 6
Views: 2590

Re: Ticket In Dryden, ON HWY 17 29km/hr OVR

So I would choose NOT GUILTY option and ask for TRIAL with Officer present.

Once you get Notice of Trial, request disclosure. Request copy of officers notes and the manual for any speed measuring devices used and any audio/video recordings.

Once you get disclosure then you will have better idea of what their case against you is. It would be a lot ...
by jsherk
Wed Jul 22, 2015 9:13 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Ticket In Dryden, ON HWY 17 29km/hr OVR
Replies: 6
Views: 2590

Re: Ticket In Dryden, ON HWY 17 29km/hr OVR

Did they use radar/lidar or did they pace you or how did they measure your speed?