Search found 1722 matches

by jsherk
Mon Feb 06, 2017 2:40 pm
Forum: General Talk
Topic: Someone took a photo of my license plate
Replies: 12
Views: 17129

Re: Someone took a photo of my license plate

plead the 5th (oh wait we don't have a 5th)
We have the 13th ...

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
http://laws-lois.justice.gc.ca ...
by jsherk
Mon Feb 06, 2017 11:54 am
Forum: General Talk
Topic: Set fine wrong, total payable correct
Replies: 5
Views: 2454

Re: Set fine wrong, total payable correct

This thread has a MISSING set fine and they won by not showing up:
http://www.ontariohighwaytrafficact.com/post43902.html

If the 5 could look like a 6 though, then there is a chance that the JP will not notice the error and you will get convicted and have to take it to appeal.

Can you scan and post ticket (personal/officer info blacked out).
by jsherk
Mon Feb 06, 2017 11:51 am
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 21164

Re: Missing Set Fine - Missing Total Payable

Congratulations on the win!!!
by jsherk
Mon Feb 06, 2017 10:32 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 54159

Re: careless driving because pedestrian claims my car hit he

Make sure you instruct your paralegal that you will absolutely NOT take any kind of plea deal. Send it to them in writing, both by email and by regular mail.

Just my opinion, but I would suggest that in this case you DO need to go to court and testify your side of the story as well.
by jsherk
Mon Feb 06, 2017 10:04 am
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 54159

Re: careless driving because pedestrian claims my car hit he

You need to make sure you understand CROSS-EXAMINATION ... do a google search and read some stuff on it.

You will need to cross examine both the officer and the victim. The points you bring up are good questions to ask "So officer, did you base the charges on her word only? Did you see any medical reports? Did you talk to doctors? Did you look for ...
by jsherk
Mon Feb 06, 2017 9:54 am
Forum: General Talk
Topic: Set fine wrong, total payable correct
Replies: 5
Views: 2454

Re: Set fine wrong, total payable correct

My opinion is that if you are sure it is a 5 and not a 6, then it is a fatal error.

However if you show up for trial they can correct it, so you need to NOT respond to the ticket, and keep your copy safe.

A JP will review the ticket because you did not respond, and if they notice the error they will quash it. If they do not notice the error, then ...
by jsherk
Mon Feb 06, 2017 9:49 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: How to get an adjournment
Replies: 4
Views: 2445

Re: How to get an adjournment

As of January 2017, apparently they do not even need to give you a copy of the testing instructions anymore:
http://www.ontariohighwaytrafficact.com/post43705.html
by jsherk
Sun Feb 05, 2017 7:39 am
Forum: General Talk
Topic: Speeding Poll
Replies: 6
Views: 2236

Re: Speeding Poll

Good find on those stats!

Here are the FINE amounts that go along with those stats:
http://www.ontariocourts.ca/ocj/files/s ... -Fines.pdf
by jsherk
Sat Feb 04, 2017 4:33 pm
Forum: General Talk
Topic: Speeding Poll
Replies: 6
Views: 2236

Re: Speeding Poll

In the USA they need to do engineering studies on all roads to determine what a "safe" speed is. In Canada it's just an arbitrary number and going 1 over means you are guilty and the prosecution/police do not have to prove that the speed you were going was somehow unsafe, even though they continually regurgitate how it is all about safety.

In 2013 ...
by jsherk
Sat Feb 04, 2017 9:59 am
Forum: Compulsory Automobile Insurance Act
Topic: Valid Motorcycle Insurance
Replies: 7
Views: 3325

Re: Valid Motorcycle Insurance

In Ontario we are FORCED to pay for Accident Benefits as well as Liability insurance. My insurance would go down by 45% if I did not have to pay for Accident Benefits that I do not want.

Anyways I will suggest that your USA insurance provider is probably NOT meeting the Accident Benefit requirement, if they do not regualary insure Ontario drivers ...
by jsherk
Fri Feb 03, 2017 5:25 pm
Forum: Compulsory Automobile Insurance Act
Topic: Valid Motorcycle Insurance
Replies: 7
Views: 3325

Re: Valid Motorcycle Insurance

If it has an Ontario license plate on it and you have an Ontario drivers license, then it is possible that you could be charged for not having insurance if the insurance coverage you have does not meet the Ontario minimums.

Probably the Compulsory Automobile Insurance Act is the one you want to read thru.
by jsherk
Fri Feb 03, 2017 5:23 pm
Forum: General Talk
Topic: Worried about my cvor abstract
Replies: 4
Views: 4862

Re: Worried about my cvor abstract

Yes you were charged with the offences, but they were withdrawn and you were not convicted.

Anyways I would make sure to point that out to the employer that you were not convicted of any of them and the were all withdrawn because they did not evidence to prove them.
by jsherk
Fri Feb 03, 2017 5:20 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 54159

Re: careless driving because pedestrian claims my car hit he

When the trial is over you go to the provincial offences office and ask for the form to file an appeal. You will need to pay the fine in full though first (gets reimbursed if you win the appeal), and you will have to pay to get three certified copies of the transcript from the trial (one copy for prosecutiorn, one for judge and one for you).
by jsherk
Fri Feb 03, 2017 3:36 pm
Forum: Careless Driving
Topic: careless driving charge: left turn with minor injuries
Replies: 11
Views: 6087

Re: careless driving charge: left turn with minor injuries

Yes they can tell you the deal is now or never, but I have not seen them do that. Usually they will still keep the deal available even after you have reviewed the disclosure.
by jsherk
Fri Feb 03, 2017 3:33 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 54159

Re: careless driving because pedestrian claims my car hit he

You can always appeal any trial decision.

But remember that an appeal is NOT a new trial. For an appeal to succeed you need to convince the Judge that the Justice of the Peace or the Prosecutor made some kind of mistake at the original trial, and you can NOT introduce new evidence. Basically you make your points and the Judge reviews the ...