Search found 1722 matches

by jsherk
Tue Jan 31, 2017 2:05 pm
Forum: General Talk
Topic: Drive Motor Vehicle "No Permit"
Replies: 12
Views: 6704

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: 6704

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: 2898

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: 6704

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: 15904

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: 9783

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: 4010

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: 3605

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: 15904

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: 2898

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: 2842

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: 15904

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: 10476

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: 1935

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: 10476

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 ...