Search found 1722 matches

by jsherk
Sun Dec 18, 2016 8:06 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7255

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

A quick google search says that there should be no demerits against your license IF the ticket specifically states you were on your BICYCLE.
by jsherk
Sat Dec 17, 2016 10:15 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

You should ask as far in advance of the court date as possible.
by jsherk
Sat Dec 17, 2016 10:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle
Replies: 14
Views: 7255

Re: HTA 144(18) RED LIGHT - FAIL TO STOP - Bicycle

My bicycle manoeuvre (red light - fail to stop) presented no risk to property or person as no one was approaching or entering the intersection that I crossed.

Yes this is a problem with our justice system!

Anyways the charge has nothing to do with you turning, just that you did not stop at the red light.

I would plead Not Guilty and request a ...
by jsherk
Fri Dec 16, 2016 8:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

Most likely they wont give you any information about the vehicle. You can ask, and you should say why you think it is relevant and then when they don't give it to you, it gives you one more reason to win on an appeal.
by jsherk
Thu Dec 15, 2016 9:26 pm
Forum: General Talk
Topic: Anyone been to court and successfully disputed ticket?
Replies: 2
Views: 1926

Re: Anyone been to court and successfully disputed ticket?

Here are my cases:

Driving Handheld Communications Device - lost trial and lost appeal (first time ever in court, good learning experience).

Speeding - lost trial but WIN on appeal: http://www.ontariohighwaytrafficact.com/topic7286.html

Improper Muffler - WIN: http://www.ontariohighwaytrafficact.com/topic7285.html

Speeding - WIN: http://www ...
by jsherk
Thu Dec 15, 2016 7:25 pm
Forum: Failing to yield the right-of-way
Topic: HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Replies: 23
Views: 17126

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

1. Honking has nothing to do with yielding. You can honk at them all you want.

2. I still think you have strong defense as even the officer says you turned behind the pedestrian. So if you end up at cross-examination stage, you will want to ask the officer on this point with questions like "So did I turn in front of the pedestrian before they ...
by jsherk
Thu Dec 15, 2016 2:23 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

What is a "Federal Roadway"? Where is this defined?

The Ontario Highway Traffic Act says that to be found guilty of speeding, one of the things that must be proven is that you were on a "highway".

In the HTA, Highway is defined as:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or ...
by jsherk
Thu Dec 15, 2016 11:53 am
Forum: Driving While Suspended
Topic: Probation order applies to other provinces?
Replies: 4
Views: 4030

Re: Probation order applies to other provinces?

Well it is a probation order that relates to your current license in this province.

So lets say you go to another province or the USA ...

Now they may not know about this order, however if you get a ticket in this other jusridiction and the information about you getting the ticket comes back to Ontario then they will say "if you got a ticket in ...
by jsherk
Thu Dec 15, 2016 11:49 am
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7287

Re: Failing to stop for a School Bus

The police have 6 months to issue the ticket, so it could take up to that long to occur.
by jsherk
Wed Dec 14, 2016 10:42 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7287

Re: Failing to stop for a School Bus

As the OWNER they can just mail it to you.
by jsherk
Wed Dec 14, 2016 8:48 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

Some prosecutors are great and will always do the right thing. Other prosecutors will do just about anything to get the conviction.

So yes the prosecutor SHOULD agree to have the charge withdrawn when you show them the error, but they might not. And if you tell the prosecuto about the problem up front, they could also withdraw the charge but then ...
by jsherk
Wed Dec 14, 2016 8:14 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7287

Re: Failing to stop for a School Bus

When you are charged and convicted as the DRIVER of a vehicle, then there is a fine, possible demerit points and usually an insurance increase.

When you are charged and convicted as the OWNER of a vehicle, there is a fine only and no demerts and no insurance increase.

How do you get charged as the driver? Either you gave your information to the ...
by jsherk
Wed Dec 14, 2016 8:09 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

You're essentially saying if I respond to this ticket, my right to appeal the outcome due to a fatal error is no longer possible as the JP will amend the ticket with the correct fine information (why would the JP choose not to amend the ticket unless he/she is feeling extra nice).

There is a provision in one of the Acts (Courts of Justice or ...
by jsherk
Wed Dec 14, 2016 3:47 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

Remember who the clerk works for (not you)!

If you respond with option 2 (early resolution) or option 3 trial, the prosecutor does not have to drop the charge and then you end up at a trial and then they can amend the ticket and add the set fine and total payable back in. Its only a fatal error if you do not go to trial. If you go to trial, then ...
by jsherk
Wed Dec 14, 2016 3:43 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7287

Re: Failing to stop for a School Bus

google
"know your rights ontario"

And read this:
http://www.ontariohighwaytrafficact.com/topic7032.html
by jsherk
Wed Dec 14, 2016 1:23 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a School Bus
Replies: 14
Views: 7287

Re: Failing to stop for a School Bus

The bus driver CAN report your license plate number on the car, and police can come to investigate.

But remember you do NOT have to answer any questions the police ask you about the incident. Learn your rights and do not self-incriminate yourself.
by jsherk
Mon Dec 12, 2016 8:26 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

The officer probably should not file it, but could filing a whole stack of tickets and not notice the error.

You can probably ask on the phone what the set fine and total payable says. If they give you a number then you know it was filled in. Once you are convicted you should receive a notice, and that is when you file the appeal.
by jsherk
Mon Dec 12, 2016 7:25 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

Your original ticket wil have a SET FINE and a TOTAL PAYABLE.

The TOTAL PAYBLE usually is the SET FINE + Court Costs + Victim Surcharge.

When convicted at trial, for some offences the JP can use a Statuatory Fine instead of the Set Fine. Anyways you would have ask the Provincial Offences Office for the final breakdown of whatever they say you owe ...
by jsherk
Mon Dec 12, 2016 1:49 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

You can call the clerk at the provincial offences office and ask them what date the ticket was filed on. If they say it wasn't filed, then that is good news. If they say it was filed, you can go ask to see the original that was filed and see if the information was filled in or not.

But officer is NOT allowed to change the ticket after he gives it ...
by jsherk
Thu Dec 08, 2016 3:46 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

Yes, if nothing gets filed then you are off the hook. If it gets filed and JP notices then mistake then you are also off the hook.

If it gets filed and the JP does not notice the mistake (or the officer corrects before filing it) then you still need to NOT respond and do an APPEAL when you get notice of the conviction.
by jsherk
Thu Dec 08, 2016 10:16 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

I have no idea how to deal with RCMP. I have only dealt with OPP and Municipal Police in Ontario.

Call the provincial offences office and ask them and they will tell you where you need to file things.
by jsherk
Wed Dec 07, 2016 10:16 pm
Forum: Hand-held devices
Topic: Urgent help needed: Handheld Comm Device-Trial is on Dec22
Replies: 8
Views: 3699

Re: Urgent help needed: Handheld Comm Device-Trial is on Dec

Is the officer that gave you the ticket the same one that says they saw you on the phone?
by jsherk
Wed Dec 07, 2016 9:10 pm
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

It can be general as "Justice of the Peace made an error at law".
by jsherk
Wed Dec 07, 2016 6:43 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 75KM/H in 50 KM/H zone
Replies: 19
Views: 9231

Re: Speeding 75KM/H in 50 KM/H zone

1. Most likely they will have disclosure ready for you at the trial date, so just wait until then. If they give it to, then I would request an adjournment (new trial date) as you need time to review the disclosure and decide what you are going to do. If they do NOT have it ready, then I would ask the JP have the charge dropped because they are not ...
by jsherk
Wed Dec 07, 2016 5:09 pm
Forum: General Talk
Topic: Missing Set Fine - Missing Total Payable
Replies: 37
Views: 26663

Re: Missing Set Fine - Missing Total Payable

Congratulations, you have a fatal error!

Do NOT respond to the ticket. Put the ticket in a safe place (and maybe scan a copy of it as well for safe keeping).

There are two outcomes when you do not respond to the ticket:
(1) A JP will look over the ticket and if they notice the error, they will quash it and charge will be dropped and you will not ...
by jsherk
Wed Dec 07, 2016 1:52 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14585

Re: Stunt Driving - NEED ADVICE PLEASE

Yes OTD makes good point, so let me clarify what I would do...

If offered the 49 over speeding charge, I would then nicely ask if I can review disclosure before deciding whether to accept it or not.
- The prosecutor may say YES which is what you want because now you can review officers notes to see if there are any problems/errors and then decide ...
by jsherk
Wed Dec 07, 2016 11:07 am
Forum: General Talk
Topic: Ministry Interview
Replies: 10
Views: 8032

Re: Ministry Interview

Thats a good point.

They will probably argue something like the interview and possibility of suspension is in the statute so it is part of the same conviction. They could also argue that even if it violates the charter it is an acceptable violation under section 1 of the charter.

But if it was me and I got suspended, I would still go for a ...
by jsherk
Tue Dec 06, 2016 2:33 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14585

Re: Stunt Driving - NEED ADVICE PLEASE

If you just plead guilty then you will be convicted, which is the same as going to trial and losing.

So no, it is not better to just plead guilty. You might as well go to trial and TRY to beat it, versus just pleading guilty to the charge.

However, if they offer you a deal (like 49 over speeding) then you may want to take this deal and plead ...
by jsherk
Tue Dec 06, 2016 2:04 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14585

Re: Stunt Driving - NEED ADVICE PLEASE

At the summons date, you will want to talk to prosecutor.

If they offer you a deal for Speeding 49 over, then you should probably take that and run. Here is why...

49 over speeding is usually just a MINOR conviction with most insurance companies (possibly small increase), although some may consider it a MAJOR (possibly a larger increase).
On the ...
by jsherk
Tue Dec 06, 2016 1:17 pm
Forum: Careless Driving
Topic: careless driving because pedestrian claims my car hit her
Replies: 86
Views: 71318

Re: careless driving because pedestrian claims my car hit he

No its not bad. I was going to tell you to make sure you did send it to your insurance if you had not.