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: 4094

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: 12456

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: 17863

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: 17863

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: 17863

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: 17863

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: 1599

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: 1806

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: 11653

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: 11653

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: 11653

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: 13867

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: 2044

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: 4844

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: 11653

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 ...
by jsherk
Wed Jun 03, 2015 8:47 am
Forum: General Talk
Topic: Error by officer?
Replies: 3
Views: 1691

Re: Error by officer?

Choose Trial Option 3 Not Guilty with Officer Present. Once you get a trial date, you can request disclosure.
by jsherk
Mon Jun 01, 2015 10:40 am
Forum: General Talk
Topic: Disclosure Rules
Replies: 13
Views: 3500

Re: Disclosure Rules

Any ideas what has changed from 2010 to 2012 manual?
by jsherk
Mon Jun 01, 2015 9:44 am
Forum: General Talk
Topic: Disclosure Rules
Replies: 13
Views: 3500

Re: Disclosure Rules

As far as I understand, that is the newest one which has the tracking history part removed.
by jsherk
Fri May 29, 2015 11:04 am
Forum: General Talk
Topic: Disclosure Rules
Replies: 13
Views: 3500

Re: Disclosure Rules

Genesis II Select Directional Canada Variant Rev 25 Aug 2010 Canadian Radar Manual

If you go to Google search and copy/paste the following into it exactly as I paste it (including quotes and the site: part), you will find the manual:
"Genesis II Select Directional Canada Variant" site:scribd.com
by jsherk
Thu May 28, 2015 12:49 pm
Forum: General Talk
Topic: Calibration & testing requirements for radar & blood alcohol
Replies: 1
Views: 1602

Calibration & testing requirements for radar & blood alcohol

So after reading this post ...
http://www.ontariohighwaytrafficact.com/topic3398.html
... it seems nobody has been able to get the court to recognize that calibration/maintenance of radar should and needs to be done.

My question is if there IS a requirement for calibration/maintenance of blood alcohol machines? Are they required to keep these ...
by jsherk
Thu May 28, 2015 9:55 am
Forum: General Talk
Topic: Requirement to Open Window?
Replies: 12
Views: 13371

Re: Requirement to Open Window?

There is no law/statute/regulation that requires you to put your window down all the way (well one exception, see the bottom of post).

I will put mine down only about 1 or 2 inches.

Usually the police officer does not like this and will ask you to put it down all the way, but I will simply say "No thank you it is fine like this."

You can also ...
by jsherk
Mon May 25, 2015 7:00 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

@highwaystar - Okay thanks for clarifying. That is good information to know.
by jsherk
Mon May 25, 2015 4:42 pm
Forum: General Talk
Topic: First speeding ticket will my insurance increase?
Replies: 16
Views: 13867

Re: First speeding ticket will my insurance increase?

@bobajob - I agree that you should not lie. But if you have been charged with an offence but have not yet gone to trial and have not yet been found guilty, then you could ask "what if I was found guilty of XYZ offence" ... that is not lying.
by jsherk
Mon May 25, 2015 4:20 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

I spoke with an OPP Inspector today and had a good chat about this identification issue.

He said that as far as he knows there is NO act/statute/regulation that REQUIRES a uniformed police officer to identify themselves to you when you ask, but he would have no issue giving his name and badge number if somebody asked.

All Police are required to ...
by jsherk
Mon May 25, 2015 3:46 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

@highwaystar - I have previously read Meads v Meads. The other two are good reads as well, and yes the Duncan one is especially entertaining!

In R. v. Ainsworth it makes mention of R. v. Duncan 2012 O.J. No. 6405 which is different from the the one you mention of R. v. Duncan, 2013 ONCJ 160)

But I cannot find R. v. Duncan 2012 O.J. No. 6405 on ...
by jsherk
Mon May 25, 2015 12:41 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

Their name would be on the paper that you were served.
CORRECTION: What I meant to say was "If an officer were to violate my charter rights at say a RIDE checkpoint but did NOT lay a charge, then I would not know who they were."

I am not disagreeing with anybody's comments here.

My question again would be:
Is it an unreasonable request to ask ...
by jsherk
Sun May 24, 2015 11:32 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

Whether the officer lays a charge or not was not why I was asking.

If an officer were to violate my charter rights at say a RIDE checkpoint but did lay a charge, then I would not know who they were.
by jsherk
Sun May 24, 2015 6:32 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

I assumed it was a myth (3 pieces of ID, business card) and just wanted to confirm that was the case.

So there is nothing that requires an officer to wear their badge in a visible location besides local police force policy?

But I don't think it is unreasonable to ask for an officers name and badge number, especially if the badge is not easily ...
by jsherk
Sun May 24, 2015 4:06 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

There must be a law somewhere dealing with this to some degree or another.

I did find this with regards to OPP specifically

ONTARIO PROVINCIAL POLICE ORDERS
6.11.7: IDENTIFICATION BADGE/WARRANT CARD
Carrying
- A uniform member shall, while in the lawful performance of duty, carry the identification badge/warrant card at all times, whether ...
by jsherk
Sun May 24, 2015 1:06 pm
Forum: General Talk
Topic: Requirement for police to identify themselves when asked?
Replies: 23
Views: 14824

Re: Requirement for police to identify themselves when asked

My question is what SPECIFIC laws/acts/statutes/regulations govern their identification (like badge) and is there a requirement to identify themselves if I ask them something like "what is your name and badge number". For example, if it's night, maybe I cannot see the badge number very well, so if I ask them do they have to tell me?

There are some ...