Search found 1722 matches

by jsherk
Mon Jun 15, 2015 2:51 am
Forum: Compulsory Automobile Insurance Act
Topic: No insurance, have courtdate, was insured under another car
Replies: 7
Views: 3919

Re: No insurance, have courtdate, was insured under another

You could ask your insurance company if it was actually insured at the time or not. If they say yes, then you need official letter/documents from them stating that it WAS insured on the day in question.

If they say no, then you better get a really good lawyer.
by jsherk
Mon Jun 15, 2015 2:46 am
Forum: Stunt Driving
Topic: Charged with 172(1) -- Seeking advice
Replies: 17
Views: 11826

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

If you are appearing the very first time for the date on the summons, then that will not be your actual trial date. You can of course plead guilty and be done with it, but I would not recommend that because this is serious offence. The prosecutor MAY offer you a deal at this time, which you could also take but again not recommended.

Best advice at ...
by jsherk
Mon Jun 08, 2015 2:18 pm
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16549

Re: Driving Wrong Way - Possible Incorrect Charge

No and yes.

If there were a fatal error on the ticket, it could be corrected ONLY IF YOU HAVE A TRIAL. So when you spot a fatal error on a ticket, you should NOT go to trial. Then either the JP will see the error (which cannot be corrected if there is no trial) and quash the ticket, or if the JP does not see the error and allows the ticket to go ...
by jsherk
Mon Jun 08, 2015 11:33 am
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16549

Re: Driving Wrong Way - Possible Incorrect Charge

You can request disclosure in writing, immediately after you get your notice of trial, so you should do it as soon as possible.
Read this post (http://www.ontariohighwaytrafficact.com/topic7041.html) and their are several websites at the bottom like TicketCombat that will give you an idea how to request disclosure.

Canadian Charter guarantees ...
by jsherk
Sun Jun 07, 2015 1:30 am
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16549

Re: Driving Wrong Way - Possible Incorrect Charge

Just a further thought to this ...

I am not sure when the prosecution can "amend" a ticket, so my thinking above may or may not work. If they can only amend a ticket before the officer starts to give evidence, then the above method may work well. However, if they can amend the ticket anytime during the trial, then it may not be a good way to ...
by jsherk
Sun Jun 07, 2015 12:54 am
Forum: Driving the wrong way on a divided road
Topic: Driving Wrong Way - Possible Incorrect Charge
Replies: 35
Views: 16549

Re: Driving Wrong Way - Possible Incorrect Charge

First of all, good job not telling the prosecutor what the problem is. NEVER tell them their mistakes!

Once you get your notice of trial, make a disclosure request so you can get a copy of the officers notes and see what they say.

I am not sure the best way to fight this as I have not researched this particular problem before, but probably would ...
by jsherk
Thu Jun 04, 2015 10:06 pm
Forum: General Talk
Topic: Can a paralegal charge more if case becomes more involved?
Replies: 1
Views: 1523

Re: Can a paralegal charge more if case becomes more involve

Lawyers and paralegals can charge what they want pretty much. It's our great Canadian justice system that allows true justice for all that can afford it. Once I paid paralegal $500 for trial then another $1500 for appeal.

I am not sure what "serious error" mean but you should read up on Fatal Errors ... if there is a Fatal Error on the ticket ...
by jsherk
Thu Jun 04, 2015 9:48 pm
Forum: General Talk
Topic: Diversion or amendment to by-law
Replies: 2
Views: 1726

Re: Diversion or amendment to by-law

In the United States you might be able to swap a traffic ticket for an equivalently priced bylaw/parking ticket, but highly unlikely in Ontario.

Choose Not Guilty Option 3 Trial with Officer present, once trial date is set ask for disclosure, prepare to fight your case and maybe they will offer you a deal before trial starts.
by jsherk
Thu Jun 04, 2015 1:20 pm
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 10776

Re: Is it lawful for an officer to give you a tckt aftr the

I spent $2000 one time to win appeal and get speeding ticket thrown out. It was an $80 ticket. Would have been a whole lot cheaper to just pay it, but the point is I was not guilty. Our justice system works great for those that can afford it!

There is no way for me to recover that $2000 though. Even though the prosecutors/crown have basically ...
by jsherk
Wed Jun 03, 2015 9:28 pm
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 10776

Re: Is it lawful for an officer to give you a tckt aftr the

I base it on experience ... having hired lawyers in the past (before I understood the process), they would literally wait until trial date to get disclosure and then just basically accept the deal the prosecutor offers without putting any time or effort into possible ways to fight it.

A good lawyer would be requesting disclosure ahead of time and ...
by jsherk
Wed Jun 03, 2015 5:57 pm
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 10776

Re: Is it lawful for an officer to give you a tckt aftr the

@ynotp - That is definitely one avenue to pursue for sure. Makes for a good point on appeal if the jp does not accept it during the trial. But never rely on just one thing... plan as many points and issues as you can, so you have lots of point and issues if it goes to an appeal.

If you hire a lawyer, make sure you get them to go over their ...
by jsherk
Wed Jun 03, 2015 9:28 am
Forum: General Talk
Topic: First speeding ticket will my insurance increase?
Replies: 16
Views: 13417

Re: First speeding ticket will my insurance increase?

@eurobertson - I don't think a solicitor in the UK will be able to help much here in Ontario.
by jsherk
Wed Jun 03, 2015 9:23 am
Forum: General Talk
Topic: license reinstatement
Replies: 2
Views: 1955

Re: license reinstatement

@Sean98 - I don't think a Los Angeles lawyer will help much in Ontario. Also he reported that he has already been found guilty and the 2 years is almost up, so still doesn't need a lawyer for that.

@joeyzen - Best to just go to MTO office and ask all your questions to them and they will tell you whole process.
by jsherk
Wed Jun 03, 2015 9:19 am
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Toronto
Replies: 4
Views: 4617

Re: Red Light Camera Ticket - Toronto

Just a suggestion but the court system in Toronto is very backed up... If you get any kind of ticket in Toronto (parking, red light, speeding) you should plead Not Guilty and get a Trial date. Most likely the trial date will be outside the "speedy trial" Charter 11(b) and you can then apply to get it dropped because of that.
by jsherk
Wed Jun 03, 2015 9:14 am
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 10776

Re: Is it lawful for an officer to give you a tckt aftr the

Most important thing you can do is request disclosure and ask for copies of notes from ALL officers in the helicopter & of the officer that had your vehicle towed & of the officer that showed up at your door (don't assume it was same officer) & of any other officers that end up dealing with you before trial.

You will also want disclosure of all ...