Search found 1722 matches

by jsherk
Sat Jun 27, 2015 10:29 pm
Forum: General Talk
Topic: RIDE program, your rights, weigh in
Replies: 20
Views: 7395

Re: RIDE program, your rights, weigh in

Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your ...
by jsherk
Fri Jun 26, 2015 8:57 pm
Forum: General Talk
Topic: Requirement to Open Window?
Replies: 12
Views: 13146

Re: Requirement to Open Window?

If you call standing up for your rights being a dick, then I am guilty.

I refuse to give into a police/nanny state and will take full advantage of my rights that still have not been stolen from us.
by jsherk
Fri Jun 26, 2015 12:44 pm
Forum: Failing to stop for a school bus
Topic: Fighting Ticket: Early Resolution Meeting
Replies: 23
Views: 15757

Re: Fighting Ticket: Early Resolution Meeting

Well Option 2 as far I am aware is always GUILTY WITH AN EXPLANATION. Maybe others in this forum can confirm that. If this is the case, you will only be given option to give an explanation as to why the FINE amount should be lowered, and probably not anything else (although does not hurt to ask about the OWNER thing). If you have a trial and you ...
by jsherk
Fri Jun 26, 2015 12:33 pm
Forum: General Talk
Topic: RIDE program, your rights, weigh in
Replies: 20
Views: 7395

Re: RIDE program, your rights, weigh in

I agree with sonic's comments above.

This question about the window was asked not too long ago here, and has some good discussion about it, and you will see my comments and my position in that topic.
http://www.ontariohighwaytrafficact.com/post36737.html
by jsherk
Fri Jun 26, 2015 12:26 pm
Forum: General Talk
Topic: Requirement to Open Window?
Replies: 12
Views: 13146

Re: Requirement to Open Window?

What about the fact that a RIDE program stop is acting under the Criminal Code, not the HTA? How does this play into the scenario?

And after further thinking about this, this is what I will do from now on:
- I will still only put my window down a couple inches, but when asked to put it down further I will now ask "Am I required to do so by law ...
by jsherk
Fri Jun 26, 2015 12:11 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 80 in a 60, disclosure not very helpful
Replies: 17
Views: 5163

Re: 80 in a 60, disclosure not very helpful

So one very very important thing I hope you take away is that you MUST see the officers notes. This is where you can bring reasonable doubt into the case based on what the officer says happened versus what is actually written in their notes.

If they failed to provide you with any disclosure prior to the day of court, this is definitely a reason to ...
by jsherk
Fri Jun 26, 2015 12:00 pm
Forum: General Talk
Topic: Cross-examination questions for speeding/radar ticket
Replies: 4
Views: 4434

Re: Cross-examination questions for speeding/radar ticket

@sonic mentioned this (with regards to the officer "usual practice" of testing the unit) in another thread which I thought was useful:

TESTING UNIT.... When they argue (which they most certainly will) that 'usual practice' is sufficient. Make the statement... "Saying that the devices were tested because it is 'usual practice' is the equivalent to ...
by jsherk
Fri Jun 26, 2015 11:37 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

Why do you have an early resolution meeting? Did you choose NOT GUILTY on the back of the ticket, or did you choose the GUILTY WITH AN EXPLANATION? If you chose GUILTY WITH AN EXPLANATION then you have already pleaded guilty and will be charged and your explanation is simply to get the fine amount reduced and you will not get the charge dropped ...
by jsherk
Fri Jun 26, 2015 11:03 am
Forum: General Talk
Topic: no insurance; parking lot accident
Replies: 5
Views: 2384

Re: no insurance; parking lot accident

You need to try and get proof that he called the police within 24 hours? Even though they did not take an official report, maybe they have some notes about the call. If there is no proof that the call was made to police then you are definitely in trouble as ynotp said above: "Not reporting the accident and impeding the investigation by repairing ...
by jsherk
Fri Jun 26, 2015 10:56 am
Forum: General Talk
Topic: Going 77km/hr in a 50km/hr
Replies: 2
Views: 1974

Re: Going 77km/hr in a 50km/hr

If you go to trial, the prosecutor will amend the ticket back to the original speed of 77 in a 50.

Hopefully you chose NOT GUILTY and asked for a TRIAL with OFFICER PRESENT. Once you get your trial date, you can request disclosure. Once you get disclosure you can decide further what you want to do.

Read this topic:
http://www ...
by jsherk
Fri Jun 26, 2015 10:48 am
Forum: General Talk
Topic: Speed signs required in both directions?
Replies: 2
Views: 1628

Speed signs required in both directions?

When there is a change in the speed limit (say 50 to 60 one way and 60 to 50 the other way), does there need to be a posted speed sign in BOTH directions?

Thanks
by jsherk
Mon Jun 22, 2015 4:30 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 87 km/h on 60km/h Road
Replies: 2
Views: 2255

Re: 87 km/h on 60km/h Road

For speeding tickets, the courts do not care about why you were speeding (unless your life was in danger). If you say "I was speeding but..." or "I was speeding because..." they don't care and you will be found guilty. I would suggest that your life was not in danger in your particular case from what you describe.

Best thing you can do is choose ...
by jsherk
Mon Jun 22, 2015 4:21 pm
Forum: General Talk
Topic: Pulled plates
Replies: 6
Views: 3300

Re: Pulled plates

With regards to the windshield, where was the crack? The HTA itself does not specify anything about cracks in the windshield, but there is an O.Reg for safety inspections that says there can be no cracks/chips anywhere on the drivers side of the window where the wiper blade wipes. So if the crack or chip is outside that area, then the windshield is ...
by jsherk
Mon Jun 22, 2015 4:01 pm
Forum: General Talk
Topic: Texting while driving in drive through
Replies: 2
Views: 1757

Re: Texting while driving in drive through

Does there have to be a specific agreement in place for private property (like a mall road) to be considered a "highway" or is it just the fact that it is generally used by the public?
by jsherk
Sat Jun 20, 2015 9:54 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 33 km/h over in a 60 km/h zone - after I already saw the cop
Replies: 9
Views: 3538

Re: 33 km/h over in a 60 km/h zone - after I already saw the

Just to give closure; my trial date was yesterday, and after 2 adjournments, the officer never showed up for date #3 so the case was thrown.
Congratulations on your win!

A side note - I sat through 2 trials, both for using a cell phone. I can't believe the amount of stupid and "unprepared" that goes through those courtrooms. The 2 paralegals ...