Search found 1722 matches

by jsherk
Sun Jan 22, 2017 8:15 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Charged with Failure to stop during a U-Turn please help
Replies: 10
Views: 5028

Re: Charged with Failure to stop during a U-Turn please help

Going to trial is nerve racking, especially your first time.

There is LOTS you could know, but that takes a lot of study and you do not have a lot of time,

Read this:
http://www.ontariohighwaytrafficact.com ... t7039.html
by jsherk
Sun Jan 22, 2017 8:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: why no signature and more, 80 in a 50
Replies: 5
Views: 2690

Re: why no signature and more, 80 in a 50

1) Electronic tickets can have an electronic/typed signature. Handwritten tickets need to be signed, but the officer priting his name would be sufficient.
2) Most likely not, but even if he was trespassing it would not affect your speeding ticket.
3) Yes that is valid. Even in court if the officer says something different than what is on the ticket ...
by jsherk
Fri Jan 20, 2017 4:51 pm
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 15904

Re: Careless driving - left turn causing collision

(1) Prosecutors do not have to offer you a plea deal at all. It is up to them if they want to do that or not, and it is up to them whether they choose to offer you one later or not. It is completely up to the prosecutor and an adjournment may or may not make a difference later on. It is completely up to each individual prosecutor.

(2) An appeal is ...
by jsherk
Fri Jan 20, 2017 1:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Stop Sign 136 (1) (a)
Replies: 8
Views: 6711

Re: Disobey Stop Sign 136 (1) (a)

Always ask in writing. But if the prosecutor says there is no video, then you most likely will not get it.

During cross-examination of the officer you can ask "Why did you tell me you looked at video of incident?"

If he answers that there is NO video then you can say "So you lied to me about that?" Your goal here would be to discredit the officer ...
by jsherk
Fri Jan 20, 2017 1:16 pm
Forum: Failing to obey signs
Topic: Disobey Sign Section 182(2)
Replies: 22
Views: 11998

Re: Disobey Sign Section 182(2)

I usually do not say too much to the prosecutor and wait until I am in front of Judge/Justice of the Peace during either cross-examination of the officer or for my own testimony.
by jsherk
Fri Jan 20, 2017 8:20 am
Forum: Careless Driving
Topic: Careless driving - left turn causing collision
Replies: 28
Views: 15904

Re: Careless driving - left turn causing collision

So lets assume that on the trial date they still do not have the disclosure ready for you. In this case, I would NOT ask for adjournment but instead I would state all the dates that you made the requests for disclosure and then ask for the charge to be dismissed. However, most likely it won't be dismissed and the JP will tell the prosecutor that ...
by jsherk
Thu Jan 19, 2017 11:11 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Charged with Failure to stop during a U-Turn please help
Replies: 10
Views: 5028

Re: Charged with Failure to stop during a U-Turn please help

It looks to me like the officers notes state that "Rear wheela on stop line and front wheels were on crosswalk".

So you could actually take the stand and testify the same thing as officers notes and that you were already in the intersection per 144(1) definition and you just waited for when it was safe to complete the turn.
by jsherk
Thu Jan 19, 2017 11:06 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

Only Charter arguments need 15 days. Regular motions only need about 3 days notice.

If you do not show up for motion date on January 30 then they will just move it.

If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
by jsherk
Thu Jan 19, 2017 11:01 pm
Forum: Failing to obey signs
Topic: Disobey Sign Section 182(2)
Replies: 22
Views: 11998

Re: Disobey Sign Section 182(2)

Assuming the officer did not weigh your truck, then you can probably beat the ticket.

Basically ask the officer how heavy your truck is (which he wont know), then read the bylaw and then say that the prosecution failed to prove that your truck meets the definition of heavy truck and therefore the charge should be withdrawn.

You do not even need ...
by jsherk
Thu Jan 19, 2017 3:23 pm
Forum: Failing to obey signs
Topic: Disobey Sign Section 182(2)
Replies: 22
Views: 11998

Re: Disobey Sign Section 182(2)

Yes.

At this stage, I would just wait until trial and on that day ask for it and say you did not know you could ask sooner.

And then tell you want to have time to review the disclosure and possibly seek legal advice and most likely you will get an adjournment to new trial date.
by jsherk
Thu Jan 19, 2017 3:16 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Two stop sign infractions but one ticket?
Replies: 45
Views: 19841

Re: Two stop sign infractions but one ticket?

Congratualtions on doing what sounds like a good job in court!

Basically after you ask all the officers all the questions you want, you will then get a chance to take the witness stand and give your side of the story.

When that is all done, you get to present your closing arguments which is where you basically summarize all the problems with ...
by jsherk
Thu Jan 19, 2017 3:00 pm
Forum: Failing to obey signs
Topic: Disobey Sign Section 182(2)
Replies: 22
Views: 11998

Re: Disobey Sign Section 182(2)

You should really get disclosure before trial. I would send a request ASAP for it. At the first trial date, you can request an adjournment to another date as you will need time to review the disclosure and prepare a defense as if you have just received it you will not have enough time to do it.

We need to know what the officers notes say before we ...
by jsherk
Thu Jan 19, 2017 2:35 pm
Forum: Failing to obey signs
Topic: Disobey Sign Section 182(2)
Replies: 22
Views: 11998

Re: Disobey Sign Section 23(3)

Section 23(3) of the Ontario Highway Traffic Act says:
Every driver of a commercial motor vehicle shall carry evidence of a type prescribed by the regulations that the vehicle is insured as required by this section and shall surrender the evidence for reasonable inspection upon the demand of a police officer.

Was the ticket in Ontario? Can you ...