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: 6797

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: 10907

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: 6797

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: 10907

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: 1775

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: 15776

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: 26200

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: 3853

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: 7000

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: 7000

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: 21165

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: 7000

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: 21165

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: 21165

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: 7000

Re: Failing to stop for a School Bus

google
"know your rights ontario"

And read this:
http://www.ontariohighwaytrafficact.com/topic7032.html