Search found 1722 matches

by jsherk
Thu Jan 19, 2017 12:56 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 9268

Re: 144(18) accident involved PLEASE HELP

No its not biased. He is allowed to testify as a witness as well.
by jsherk
Thu Jan 19, 2017 11:32 am
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)

From the Ontario Evidence Act https://www.ontario.ca/laws/statute/90e23

Presumption of competency
18. (1) A person of any age is presumed to be competent to give evidence. 1995, c. 6, s. 6 (1).

Challenge, examination
(2) When a persons competence is challenged, the judge, justice or other presiding officer shall examine the person. 1995, c. 6, s ...
by jsherk
Thu Jan 19, 2017 11:27 am
Forum: Improper passing
Topic: Charged with incorrect section of 148 - How to fight it?
Replies: 16
Views: 11452

Re: Charged with incorrect section of 148 - How to fight it?

Once the trial starts, yes the prosecutor can still amend... the amendment can happen anytime DURING the trial if there is evidence to support the amendment.
by jsherk
Thu Jan 19, 2017 8:01 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 9268

Re: 144(18) accident involved PLEASE HELP

Remember that DEMERIT points are meaningless to insurance companies. For example a 0 demerit speeding ticket and a 3 demerit speeding ticket are both considered a MINOR offence by insurance companies and will both cause the same increase.

If you are found guilty though, it will go on your record and it is up to your insurance company to decide if ...
by jsherk
Thu Jan 19, 2017 7:53 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

What is the exact section number you were charged with on the ticket? What is the Set Fine amount on the ticket? Is ticket signed?

Posting disclosure notes would be helpful, but whenaxis brings up a good point.

So if you go to trial, remember there are two different phases you need to be aware of...

The first is when the officer is on the ...
by jsherk
Wed Jan 18, 2017 6:15 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 9268

Re: 144(18) accident involved PLEASE HELP

Yes you only plead guilty when you get in front of JP and they read the charge and ask you how you plead.

But again you have nothing to lose by saying NOT GUILTY and continuing with the trial. The worst that can happen is that you are found guilty at the end of it, but best case is that you actually get the charge dropped.

If you just plead ...
by jsherk
Wed Jan 18, 2017 3:19 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 9268

Re: 144(18) accident involved PLEASE HELP

a) If officer does not show, then prosecutor should withdraw the charge, but may also try to set new trial which you should object to.
c) If witnesses do not show, then prosecutor should withdraw the charge, but may also try to set new trial which you should object to.

b) If officer shows AND at least one of the witnesses shows, then you may have ...
by jsherk
Wed Jan 18, 2017 1:08 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 9268

Re: 144(18) accident involved PLEASE HELP

If no plea deal is offered then you must either just plead guilty to original charge or take it to trial and try to beat it.

If no plea deal is offered then you really have nothing to lose by taking it to trial. Maybe the JP will believe you, as there might be contradictory testimony given by the other witnesses.

Some prosecutors will not tell ...
by jsherk
Wed Jan 18, 2017 8:36 am
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: 9784

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

What you can do is go to the Provincial Offences Office on a day before your trial and ask then for:
- a copy of the origincal Certificate of Offence, and
- a copy of both sides of the Notice of Offence that you filed.

If the change is on BOTH then there is no issue for you to be concerned about.

If the change is ONLY on the Notice of Offence ...
by jsherk
Wed Jan 18, 2017 8:27 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding Trial - Prosecutor Questions to Defendant
Replies: 13
Views: 4102

Re: Speeding Trial - Prosecutor Questions to Defendant

I would object if the officer tries to say/read something that was not in the notes you were provided. Actually at the beginning of the trial when the officer first takes the stand, the prosecutor will ask him a few questions about his notes and then ask permission from the JP to be able to use them. The JP should ask you if you have any questions ...
by jsherk
Wed Jan 18, 2017 8:20 am
Forum: Courts and Procedure
Topic: 11b Questions
Replies: 30
Views: 19727

Re: 11b Questions

Your wife does not need to be there so that is irrelevent unless you want her to take the stand and testify. Since I believe you do want her to testify, you can ask for an adjournment because she is about to have baby, but then that delay will count against you and will not count towards an 11b application.

If you can get an adjournment because ...
by jsherk
Wed Jan 18, 2017 8:14 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) accident involved PLEASE HELP
Replies: 16
Views: 9268

Re: 144(18) accident involved PLEASE HELP

They could probably proceed without any witnesses except the other driver, although that would not be a strong case for them as the other driver will say you went thru a red light and you will say it was green so it comes down to who the JP believes more.

If they have the other driver and at least one additional witness that will say you went thru ...
by jsherk
Sat Jan 14, 2017 8:35 am
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?

There are three levels of proof required:
- mens rea
- strict liability
- absolute liability

Tickets for things like speeding and failing to stop are considered absolute liability, meaning either yes you did or no did not do it. Whether you meant to do it or not is irrelevent. As soon as you admit you did it, you are guilty and there are no ...
by jsherk
Sat Jan 14, 2017 8:17 am
Forum: Courts and Procedure
Topic: 11b Questions
Replies: 30
Views: 19727

Re: 11b Questions

Yes.
by jsherk
Fri Jan 13, 2017 9:04 am
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?

If officer does not show, then you can request the charge be dropped. That is probably best course of action.

Getting on stand and saying you stopped 99% will just mean you admitted you did not stop and by your own words you will be found guilty. You probably do NOT want to testify.

If the officer is not there, but they are still going to proceed ...