Search found 1722 matches

by jsherk
Mon May 15, 2017 10:46 am
Forum: Careless Driving
Topic: Need some help
Replies: 2
Views: 2197

Re: Need some help

Plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial with the trial date, you can then request disclosure (copy of officers notes, witness statements). Once you get the disclosure, scan and post here so we can review.

If you tried to avoid hitting another vehicle, it does not sound like careless driving ...
by jsherk
Tue May 09, 2017 9:46 am
Forum: Criminal Offences
Topic: Coming back to Ontario (or should I even bother)
Replies: 2
Views: 2633

Re: Coming back to Ontario (or should I even bother)

So you own a vehicle with Ontario plates on it already? Or you are coming to Ontario and you want to switch the plates to Ontario plates? And why would you need to get an Ontario license for a 70 day visit?
by jsherk
Sun May 07, 2017 5:28 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop - Amber Light
Replies: 7
Views: 6347

Re: Failure to stop - Amber Light

So what usually happens at court, is if you and the officer both testify, they will (99% of the time) believe the officer over you. But as soon as you have a second witness that can confirm your story, this will usually (99% of the time) sway the decision back to your side.
by jsherk
Sun May 07, 2017 1:04 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop - Amber Light
Replies: 7
Views: 6347

Re: Failure to stop - Amber Light

Just out of curiosity, did the light change to red at all before you got to the intersection?

If your dad was with you, does he also believe that it was not safe for you to stop? If both you and your father testified that you did not believe it was safe to stop, then there is a very very good chance that you will get the ticket dropped ...
by jsherk
Thu May 04, 2017 10:35 am
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 3990

Re: Failure to weigh evidence

Awesome :)

Congratulations on the win!
by jsherk
Wed May 03, 2017 8:04 am
Forum: Hand-held devices
Topic: Guilty or not
Replies: 20
Views: 6667

Re: Guilty or not

They can not use/enter anything into evidence at trial (like a video) unless they provided it to you as part of disclosure before hand.

You are correct that the officers notes only link the samsung to being in the cupholder after he comes to the window. So you can make this comment in closing submissions that the officer did not identify the ...
by jsherk
Tue May 02, 2017 6:26 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Improper Use of HOV Lane on Interprovincial Bridge
Replies: 14
Views: 5312

Re: Improper Use of HOV Lane on Interprovincial Bridge

Did they change the charge then to a different section of the HTA or to a bylaw offence or to the NCCTPR?

If you want to appeal, you need to pay for 3 copies of the transcript in advance. So now you have to decide if your time and money is worth appealing it. Personally I encourage the appeal on principle alone, but that of course does not mean ...
by jsherk
Mon May 01, 2017 3:08 pm
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 3990

Re: Failure to weigh evidence

You need to go thru the original transcript line by line, and highlight anything you said that you think is important, or anything the JP did/said that was incorrect and then you need to make those points known to the Judge at the appeal.

However, it is important for you to note the following:
- When the officer was on the witness stand, this is ...
by jsherk
Sun Apr 30, 2017 9:42 am
Forum: Hand-held devices
Topic: Guilty or not
Replies: 20
Views: 6667

Re: Guilty or not

The fact that the officer got your car wrong is irrelevent. The fact that the no standing zone is in the morning only is irrelevent. The amount of traffic is irrelevent. This has nothing to do with parking so whether you turned your engine off or not is irrelevent.

The officer notes you had a device that illuminated your face and later in the ...
by jsherk
Fri Apr 28, 2017 2:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 27 over speeding ticket in Barrie ont
Replies: 3
Views: 2811

Re: 27 over speeding ticket in Barrie ont

he didn't lower it at all, he gave me the ticket for 27 over

Okay so that is good as the prosecutor may be more willing to reduce it. Again, get disclosure first and read the officers notes and then you can decide if you want to fight it, or try to plea deal to a lower amount. There is no downside to pleading not guilty and asking for disclosure ...
by jsherk
Fri Apr 28, 2017 9:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 27 over speeding ticket in Barrie ont
Replies: 3
Views: 2811

Re: 27 over speeding ticket in Barrie ont

Unless you have a valid reason that the ticket totally is bogus (in this case you don't), I find early resolution to be a waste of time as you still need to show up for trial anyways to get the fine lowered, so it means two days off instead of one. At trial, you can still meet with prosecutor before the trial starts and discuss a plea bargain.

Did ...
by jsherk
Thu Apr 27, 2017 2:54 pm
Forum: Compulsory Automobile Insurance Act
Topic: No insurance ticket
Replies: 14
Views: 4837

Re: No insurance ticket

Almost all tickets can be used by insurance to increase your rates, and each insurance company is different so there is no way to guess... need to ask them directly. Hopefully it is just considered MINOR and will not cause much of an increase.

Let us know what happens tomorrow!
by jsherk
Thu Apr 27, 2017 9:12 am
Forum: General Talk
Topic: Photo-radar (automated speed enforcement) returns to Ontario
Replies: 4
Views: 6814

Re: Photo-radar (automated speed enforcement) returns to Ont

I contacted the minister and my mpp a while back saying I did not approve of this.
by jsherk
Thu Apr 27, 2017 8:48 am
Forum: Compulsory Automobile Insurance Act
Topic: Failure to Provide Insurance Card
Replies: 3
Views: 3715

Re: Failure to Provide Insurance Card

Failure to have insurance is a huge fine and a very serious charge for insurance purposes. Failing to provide your insurance card is a small fine (in comparison) and just a minor charge for insurance purposes.

The officer can still charge your friend with not wearing a seatbelt any time up to 6 months from the date that it occured.

Is early ...
by jsherk
Tue Apr 25, 2017 1:55 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Failure to surrender insurance card in dealership loaner
Replies: 22
Views: 8781

Re: Failure to surrender insurance card in dealership loaner

Okay so that is interesting that yours was signed but the officers copy was not? Or I wonder what other issue there could be?

You should call the Provincial Offences Office and ask them what date they received and filed the Certificate of Offence from the officer. The officer has to file it within 7 days so if it was filed after that then the ...