Search found 1722 matches

by jsherk
Fri Feb 03, 2017 9:10 am
Forum: Hand-held devices
Topic: Handheld device - at red light - need advice
Replies: 11
Views: 5330

Re: Handheld device - at red light - need advice

Yes a minor is a minor for insurance purposes but I think disobey sign is a lot less expensive fine.
by jsherk
Fri Feb 03, 2017 9:03 am
Forum: Hand-held devices
Topic: Guilty or not
Replies: 20
Views: 7713

Re: Guilty or not

This is a very hard charge to win because it is basically the officers word against your word.
by jsherk
Thu Feb 02, 2017 9:38 pm
Forum: Hand-held devices
Topic: Guilty or not
Replies: 20
Views: 7713

Re: Guilty or not

If there is a No Parking sign then you were not legally parked, which also means you probably can not argue that you "has safely pulled off the roadway and is not impeding traffic."
by jsherk
Thu Feb 02, 2017 9:13 pm
Forum: General Talk
Topic: Someone took a photo of my license plate
Replies: 12
Views: 17694

Re: Someone took a photo of my license plate

They do not know who was driving your car unless YOU tell them. You are not required to tell them, so if they ask, don't tell them.
by jsherk
Thu Feb 02, 2017 9:12 pm
Forum: General Talk
Topic: Incorrect Set Fine Payable - Force Fatal Error
Replies: 19
Views: 8980

Re: Incorrect Set Fine Payable - Force Fatal Error

To force a fatal error for an incorrect set fine, you simply should NOT respond to the ticket at all. It will then go before a JP in a few weeks and they should quash it.

Can you give details of the ticket (charge and section number and set fine and total payable)?
by jsherk
Thu Feb 02, 2017 9:11 pm
Forum: Failing to remain at the scene of a collision
Topic: Speeding and Police radar
Replies: 1
Views: 3787

Re: Speeding and Police radar

Most vehicle mounted radar is designed to be used while patrol vehicle is moving, and can target two vehicles at once (when in fastest mode), the STRONGEST target signal and the FASTEST target signal. The unit has to be in Fastest mode, but it will display the two different speeds (as well as patrol speed) on the display.

No they do not need to ...
by jsherk
Thu Feb 02, 2017 8:59 pm
Forum: Careless Driving
Topic: careless driving charge: left turn with minor injuries
Replies: 11
Views: 6453

Re: careless driving charge: left turn with minor injuries

A reminder that Careless driving is as bad as a DUI as far as insurance is concerned so you will want to fight this and try to (at best) get the charge dropped completely, or (at worst) at least reduced to a lesser charge that is not as serious for insurance purposes.

The summons date is NOT your trial.

You appear and you can make one of the ...
by jsherk
Thu Feb 02, 2017 8:42 pm
Forum: General Talk
Topic: Someone took a photo of my license plate
Replies: 12
Views: 17694

Re: Someone took a photo of my license plate

Worst case is police could show up to give you a ticket.

My adivce, if police show up to give you ticket, is to exercise your right to silence and DO NOT ANSWER any of the police questions. If they are asking you questions it is because they do not have enough evidence to give you a ticket yet and are looking for you to give them the evidence they ...
by jsherk
Thu Feb 02, 2017 8:34 pm
Forum: General Talk
Topic: Wrong Date - Force Fatal Error
Replies: 7
Views: 6451

Re: Wrong Date - Force Fatal Error

I agree with whenaxis, except to me the ticket (at the bottom) says that it was served on November 30th.

But that is okay too because a ticket needs to need to be filed with the clerk within 7 days of it being served, which means it would need to have been filed no later than December 7th per Section 4 of the Ontario Provincial Offences Act ...
by jsherk
Thu Feb 02, 2017 8:13 pm
Forum: Hand-held devices
Topic: Guilty or not
Replies: 20
Views: 7713

Re: Guilty or not

If you are stopped in a place you can legally park, then you can use your phone. Just pulling over on the side of the road is not sufficient. If there is a no stopping sign but it only applies to certain times of day, then you might be okay if it was not during those times AND you can park there when it is outside those times.
by jsherk
Thu Feb 02, 2017 8:05 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 17084

Re: HTA 144(7): Fail to Yield to Pedestrian - left turn, das

@bixie - Congratulations on the win! And excellent preperation in case it did proceed to trial.
by jsherk
Tue Jan 31, 2017 8:55 pm
Forum: Hand-held devices
Topic: Handheld device - at red light - need advice
Replies: 11
Views: 5330

Re: Handheld device - at red light - need advice

My experience with early resolution is meet with the prosecutor at their office in Barrie and then come back on trial date to Oriilia or Penetanguishene court house (where ever is was scheduled). Orillia and Penetang only have certain days for court and the prosecutors do not have an office in those locations. So I guess it would not hurt to call ...
by jsherk
Tue Jan 31, 2017 2:24 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 44kmh over question
Replies: 6
Views: 2767

Re: 44kmh over question

It totally depends on the prosecutor and how good a mood they are in. If they are looking to "teach new drivers a lesson", then prosecutor might say "no way am I going to lower it". On the other hand, if you really say how sorry you are and what a big mistake you made, maybe he will agree.

Anyways, if the prosecutor agrees to drop it 29 over (3 ...
by jsherk
Tue Jan 31, 2017 2:19 pm
Forum: Driving While Suspended
Topic: Fined $500 for driving w/suspension. Am now late paying fine
Replies: 6
Views: 3931

Re: Fined $500 for driving w/suspension. Am now late paying

Right away, the first thing that you need to do is either (1) pay ALL the fines in full, or (2) ask to meet with a JP in order to get an extension of time to pay them. This will stop you from getting any further suspensions.

Second thing you need to do, as soon as possible, is to decide what items you were not notified about and see if you can ask ...
by jsherk
Tue Jan 31, 2017 2:14 pm
Forum: Hand-held devices
Topic: Handheld device - at red light - need advice
Replies: 11
Views: 5330

Re: Handheld device - at red light - need advice

Personal opinion is that early resolution is a waste of time, because you have to take day off and even if you come to an agreement, you still need to show up on the court date anyways. If you just plead not guilty and ask for a trial, then you can just show up on the court date and meet the prosecutor before trial and discuss plea bargain then ...
by jsherk
Tue Jan 31, 2017 2:05 pm
Forum: General Talk
Topic: Drive Motor Vehicle "No Permit"
Replies: 12
Views: 7085

Re: Drive Motor Vehicle "No Permit"

Only way to know exactly how it will affect your insurance is to ask them. Every insurance company is different.
by jsherk
Mon Jan 30, 2017 5:43 pm
Forum: General Talk
Topic: Drive Motor Vehicle "No Permit"
Replies: 12
Views: 7085

Re: Drive Motor Vehicle "No Permit"

The officer COULD also have given you a ticket for failing to produce insurance card, since you technically did not produce it.
by jsherk
Mon Jan 30, 2017 4:08 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 35 over and no license
Replies: 8
Views: 3117

Re: 35 over and no license

Insurance companies do not care about demerit points and they mean nothing to them. They rate charges in one of three categories: MINOR, MAJOR or SERIOUS (serious being things like DUI and Careless).

For example, a 15 over 0 demerit speeding charge and a 29 over 3 demerit speeding charge are both considered a MINOR against your insurance, and can ...
by jsherk
Mon Jan 30, 2017 3:16 pm
Forum: General Talk
Topic: Drive Motor Vehicle "No Permit"
Replies: 12
Views: 7085

Re: Drive Motor Vehicle "No Permit"

No they can not charge you with anything else in court if you decide to fight the current ticket.

However the officer has 6 months to decide if he wants to charge you with anything else and to serve you the ticket. That said, I have never heard of anybody that has gotten a second ticket after deciding to fight the first ticket. You can not be ...
by jsherk
Mon Jan 30, 2017 3:01 pm
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17892

Re: Careless driving - left turn causing collision

Well congratulations on not being charged with careless driving!
by jsherk
Mon Jan 30, 2017 2:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: trying to ask for additional disclosure what should i do?
Replies: 29
Views: 10565

Re: trying to ask for additional disclosure what should i do

Yes you can just go and pay the fine anytime you want and it is all over.

But I would suggest you show up to the court date though, and just ask the prosecutor if they will drop it to 15 over and that you will plead guilty to that. They may not agree to 15 over but might agree to 20 or 25 over. This will not help your insurance but will help ...
by jsherk
Sun Jan 29, 2017 10:05 pm
Forum: Careless Driving
Topic: Car #3 in a 5 car pileup - got hit with careless driving.
Replies: 7
Views: 4185

Re: Car #3 in a 5 car pileup - got hit with careless driving

Why is car 3 in the wrong? Car 4 hit them causing them to hit car 2.

Anyways you should plead NOT GUILTY and request a trial with the officer present. Once you get the Notice of Trial, then you can request disclosure from the prosecutors office (request notes of all officers involved, witness statements, will-say statements and any video if it ...
by jsherk
Sun Jan 29, 2017 10:00 pm
Forum: Courts and Procedure
Topic: Notice of Motion - adjournment of trail date - court error
Replies: 4
Views: 3890

Re: Notice of Motion - adjournment of trail date - court err

Fax a letter to both the Clerk of the Court office and to the Prosecutors office.

Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.
by jsherk
Sun Jan 29, 2017 1:15 pm
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17892

Re: Careless driving - left turn causing collision

On the first trial date, the caselaw has determined that the proper solution to no disclosure is to give an adjournment and tell prosecutor to get disclosure.
by jsherk
Sun Jan 29, 2017 11:09 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 35 over and no license
Replies: 8
Views: 3117

Re: 35 over and no license

I would plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, then you can ask for disclosure.

The prosecutor does NOT have to offer you any kind of plea deal at all and does not have to drop any of the charges. Once an officer writes a ticket, they can not withdraw it, only the prosecutor can withdraw ...
by jsherk
Sun Jan 29, 2017 10:57 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Playing my dash cam video in court (link attached) and chanc
Replies: 4
Views: 3050

Re: Playing my dash cam video in court (link attached) and c

The best defence I know of for LIDAR (Laser Radar) and RADAR (Microwave Radar) is to challenge the testing procedure of the device:

For LIDAR (does not apply to RADAR, only LIDAR), there will be a testing section where they need to measure a fixed object from specific distances. For example it may say they need to measure the object from 30metres ...
by jsherk
Sun Jan 29, 2017 10:26 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 17892

Re: Careless driving - left turn causing collision

Since you do not have disclosure yet, you should be able to get an adjournment.
If you are offered a plea deal, you can ask "Can I wait until I see the disclosure before I decide whether to take the deal or not?" Most likely the prosecutor will probably agree to this which is good, although they could say "no, the deal is now or never" in which ...
by jsherk
Wed Jan 25, 2017 8:30 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera: Front of car over intersection marking????
Replies: 9
Views: 10932

Re: Red Light Camera: Front of car over intersection marking

So only one picture, and your front tires are NOT over the line yet?

If that is the case, then you need to investigate the definition of intersection and figure out if it is the tires that need to be over the line, or just the front of the car. Maybe somebody knows some caselaw already that can help. Not a ticket I have dealt with before so I have ...
by jsherk
Wed Jan 25, 2017 5:16 pm
Forum: General Talk
Topic: You have the right to video police in Canada
Replies: 1
Views: 2096

You have the right to video police in Canada

Good little article on the right to video police in Canada:
https://www.thestar.com/news/gta/2017/0 ... rrest.html
by jsherk
Wed Jan 25, 2017 3:34 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Red Light Camera: Front of car over intersection marking????
Replies: 9
Views: 10932

Re: Red Light Camera: Front of car over intersection marking

There are no demerit or insurance increases with a charge issued against the OWNER of the vehicle, such as red light cameras. So the only penalty is the fine itself.

How many pictures did they send?

Do the pictures show your front wheels BEFORE the line and then your front wheels AFTER the line? Would be very hard to dispute the ticket if this is ...