Search found 1722 matches

by jsherk
Sun Jul 12, 2015 12:35 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign 136 (1) (a) -- stopped just over the line?
Replies: 5
Views: 2959

Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l

It is always worth fighting.

Choose Option 3 NOT GUILTY and request a TRIAL with the officer present.

Once you get your trial date, request disclosure which will include the officers notes AND a copy of the video.

After you get disclosure, then you can decide whether to proceed or not.
by jsherk
Sun Jul 12, 2015 12:33 pm
Forum: Following too closely
Topic: FTC ticket: rear-ended the lady but no damage
Replies: 24
Views: 10493

Re: FTC ticket: rear-ended the lady but no damage

VERY IMPORTANT: Do NOT mention anything to the prosecutor about the charge being the wrong one!!

You do not want to give them a heads up about any issues because they can amend/change the charge if they know about it. Maybe they will figure it out themselves, but do not help them out by pointing out their mistakes to them.
by jsherk
Fri Jul 10, 2015 1:17 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16551

Re: Driving Wrong Way - Possible Incorrect Charge

I include all that information on my disclosure requests, so there is no harm in doing it.
by jsherk
Fri Jul 10, 2015 12:51 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16551

Re: Driving Wrong Way - Possible Incorrect Charge

You can use any form or letter that you want to request disclosure. There is no requirement to use anything specific.

Take some pics that include the street names in the picture. Pictures MUST be date/time stamped and they must be printed at a real place that does pics, not from your home computer. You should have three copies of each pic so you ...
by jsherk
Thu Jul 09, 2015 9:39 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: REc'd disclosure 1 day before meeting, offered 15 over
Replies: 4
Views: 2291

Re: REc'd disclosure 1 day before meeting, offered 15 over

1 to 15km/h over is 0 demerit points but is still a minor offence and can affect your insurance.
16 to 30km/h over is 3 demerit points and is also a minor offence and can affect your insurance.
You were charged with 36km/h over which is 4 demerit points and consider a MAJOR offence by insurance.

The demerit points are not really the issue unless ...
by jsherk
Tue Jul 07, 2015 2:28 pm
Forum: Stunt Driving
Topic: Charged with 172(1) -- Seeking advice
Replies: 17
Views: 11826

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

Well you still want to get disclosure, if you can, before you speak with prosecutor. If you applied for disclosure, prosecutor MIGHT have it for you a meeting.

You probably still don't need a lawyer yet, and everything said above still applies.

The prosecutor may or may not offer you a plea deal at this meeting, and you may or may not have ...
by jsherk
Tue Jul 07, 2015 11:32 am
Forum: Traffic Offences Outside Ontario
Topic: Failure to stop for railway signal in Montreal, Quebec
Replies: 10
Views: 4976

Re: Failure to stop for railway signal in Montreal, Quebec

So it says:
411. At a level crossing, the driver of a road vehicle or any person riding a bicycle must stop his vehicle not less than 5 metres from the railway where a sign or signal, a lowered gate or a railway employee signals an approaching rail vehicle, or where the driver or cyclist sees or hears a rail vehicle approaching the level crossing ...
by jsherk
Tue Jul 07, 2015 10:47 am
Forum: Traffic Offences Outside Ontario
Topic: Failure to stop for railway signal in Montreal, Quebec
Replies: 10
Views: 4976

Re: Failure to stop for railway signal in Montreal, Quebec

This forum mostly deals with the Ontario Highway Traffic Act. But maybe somebody will know something about Quebec to help you out. What is the exact charge/section number?
by jsherk
Tue Jul 07, 2015 10:45 am
Forum: Following too closely
Topic: Ticketed in a slow trafic
Replies: 20
Views: 9172

Re: Ticketed in a slow trafic

If you have been convicted, then you should get a notice in the mail. But sometimes mail gets lost.

So definitely look into it and if you HAVE been convicted, then you need to file an appeal and then you will get a trial date for the appeal and you will have to show up with the original unsigned Notice of Offence/Summons that you received that ...
by jsherk
Tue Jul 07, 2015 10:38 am
Forum: General Talk
Topic: Misspelled Name on Ticket
Replies: 2
Views: 4185

Re: Misspelled Name on Ticket

Courts in Ontario have ruled that a misspelled name is not enough to get you out of the ticket. Read iFly55 list of fatal errors posted above.
by jsherk
Tue Jul 07, 2015 10:37 am
Forum: Failing to stop for a school bus
Topic: Fighting Ticket: Early Resolution Meeting
Replies: 23
Views: 15757

Re: Fighting Ticket: Early Resolution Meeting

Yes definitely get your disclosure of the officers notes and then decide what to do. Section 175(11) reads:
Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before ...
by jsherk
Mon Jul 06, 2015 3:41 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding Plus 30km
Replies: 3
Views: 1888

Re: Speeding Plus 30km

If you AND your witness are both willing to take the witness stand and swear to tell the truth and testify that it was unsafe, then you have good chance of getting that one dropped. When it is you versus the officer, the JP will almost always side with the officers version of things. But if you can provide another witness that will side with you ...
by jsherk
Mon Jul 06, 2015 3:24 pm
Forum: Following too closely
Topic: FTC ticket: rear-ended the lady but no damage
Replies: 24
Views: 10493

Re: FTC ticket: rear-ended the lady but no damage

Did you select an option already? What is option 2 on the back of your ticket?
by jsherk
Sun Jul 05, 2015 5:38 pm
Forum: General Talk
Topic: Officers notes kept in officers possession?
Replies: 1
Views: 1822

Officers notes kept in officers possession?

When an officer reads their notes from the stand, what specific questions does Crown/JP usually ask before allowing officer to read from them?

Also is there any requirement as to whether the notes have to be kept in the officers own possession the entire time?

Thanks