Search found 1722 matches

by jsherk
Tue Dec 06, 2016 12:06 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

Did you send the letter from her lawyer to your insurance company?
by jsherk
Tue Dec 06, 2016 12:03 pm
Forum: Stunt Driving
Topic: Stunt Driving - NEED ADVICE PLEASE
Replies: 17
Views: 14585

Re: Stunt Driving - NEED ADVICE PLEASE

What were you charged with specifically (wording and section number)?

Did you get your car get impounded?

Did you get a NOTICE OF OFFENCE or a SUMMONS for the ticket?

You have the right to see disclosure before you decide how to proceed with the charge, so you should plead NOT GUILTY and request a trial with the officer present. Once you get ...
by jsherk
Tue Dec 06, 2016 8:57 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Stopped for 30-49km/h over but reduced...G2
Replies: 10
Views: 4922

Re: Stopped for 30-49km/h over but reduced...G2

Well normally I would say yes you should fight it, however you are a G2 license and if you go to trial and lose, you will be charged with the original 40 over (not the 15 over) and this is 4 points and a 30 day suspension for a G2 driver.

15 over is 0 demerits points and will not affect your ability to take your G test.

But remember that even 0 ...
by jsherk
Tue Dec 06, 2016 8:51 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

You can file your appeal immediately after your trial finishes so you do not need to wait for any notices.

You only have so many days (30 I think) to file the appeal from the date of your trial.

You should call the provincial offences office and ask them how to file the appeal (whether in person or by mail).
by jsherk
Tue Dec 06, 2016 8:47 am
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

I would say that there is nothing from stopping you or your paralegal from making the request. The prosecution may not follow thru and/or may refuse to ask the witness to bring one, but that does not stop you from being able to ask for it.
by jsherk
Mon Dec 05, 2016 11:21 am
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

I would ask the prosecution (as soon as possible, in writing) to ask the witness to bring a doctors note with her to the next trial date to prove she was sick.
by jsherk
Mon Dec 05, 2016 11:05 am
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

I would immediately send a letter to the prosecutions office making that request. It can't hurt.
by jsherk
Mon Dec 05, 2016 8:32 am
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

So first of all, I hope your paralegal was pushing for the charge to withdrawn and did NOT agree to a new trial date. No witness means the charges should be dropped.

Second, if the witness does not show up at the next trial then you TELL your paralegal that you will absolutely NOT accept another adjournment. They work for you, so you can tell them ...
by jsherk
Sun Dec 04, 2016 8:47 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 47km/h over - First Offense
Replies: 9
Views: 4727

Re: Speeding 47km/h over - First Offense

As I said above...

Plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes, manual for any speed measuring device used). Once you get the officers notes, scan and post here so we can see if you have a defence. You can not decide how to fight it until you see ...
by jsherk
Fri Dec 02, 2016 2:52 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 38078

Re: Speeding and Follow Too Closely

I think you have nothing to lose by challenging it based on the officer speeding illegally, so it is worth a try.

However, my opinion is that YES the courts allow police officers to speed routinely even when there is no need to do so. I don't agree with it, but it seems to be the way it is.
by jsherk
Fri Dec 02, 2016 10:36 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 38078

Re: Speeding and Follow Too Closely

On a side note, while your questions about the Officer and his/her rate of speed are an interesting discussion. I wouldn't get too focused on them as they have no impact on your case.
So you're saying an officer can speed without fear of repercussion?
No, I think what he is saying is that whether or not the officer was speeding, has no bearing ...
by jsherk
Fri Dec 02, 2016 6:54 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 47km/h over - First Offense
Replies: 9
Views: 4727

Re: Speeding 47km/h over - First Offense

Officer being rude is not a defence. You being late and only speeding sometimes is not a defence.

That said, you have the right to see the officers notes before you decide how to plead. This first step you can take care of yourself without hiring a lawyer/paralegal so it will save you some $$$ and then you can decide if you want to hire somebody ...
by jsherk
Thu Dec 01, 2016 8:22 pm
Forum: General Talk
Topic: No Registration fine while waiting for trial on SAME thing
Replies: 4
Views: 2314

Re: No Registration fine while waiting for trial on SAME thi

Yes you should just pay it if you want your registration fixed, and want to stop getting tickets.

Then you can track down what the fine was for and decide if it is something you were wrongly charged for and then you can pursue it and have it removed from your record and get reimbursed for it.
by jsherk
Thu Dec 01, 2016 9:00 am
Forum: Failing to stop for a school bus
Topic: How long does it take before getting mailed a ticket?
Replies: 5
Views: 17953

Re: How long does it take before getting mailed a ticket?

I am assuming this thread has nothing to do with a collision. But yes there are a few more REQUIREMENTS if you had an accident.

If there was no collision, and the police come knocking on your door, you do NOT have to talk to them.
by jsherk
Thu Dec 01, 2016 8:07 am
Forum: Failing to stop for a school bus
Topic: How long does it take before getting mailed a ticket?
Replies: 5
Views: 17953

Re: How long does it take before getting mailed a ticket?

And note that if the police do show up asking questions, you can exercise your charter right NOT to incriminate yourself and you do NOT have to answer any questions they ask you (with the exception of having to identify yourself IF they are charging you at that moment). If they are asking questions it is because they do not have enough information ...
by jsherk
Thu Dec 01, 2016 8:03 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

Can you scan and post EVERYTHING you have (original ticket and anything else you have received)?
by jsherk
Tue Nov 29, 2016 6:13 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 38078

Re: Speeding and Follow Too Closely

@screech - That is news to me. I thought that you received the points for ALL the convictions.
by jsherk
Tue Nov 29, 2016 11:45 am
Forum: Failing to obey signs
Topic: Disobey sign HTA 182(2) for speeding?
Replies: 3
Views: 4170

Re: Disobey sign HTA 182(2) for speeding?

No it wont be dismissed the first time. Ask again.
Then you have more of a complaint to bring up at the trial date as you asked for it twice.
by jsherk
Tue Nov 29, 2016 10:53 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 38078

Re: Speeding and Follow Too Closely

HTA 128(13) says:
Fire department vehicles and police vehicles
128(13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,
(b) a police department vehicle being used in the lawful performance of a police officers duties;

Seems to me that it says an officer, while on duty, is ...
by jsherk
Tue Nov 29, 2016 10:36 am
Forum: Failing to obey signs
Topic: Disobey sign HTA 182(2) for speeding?
Replies: 3
Views: 4170

Re: Disobey sign HTA 182(2) for speeding?

Can you confirm:
- You say you were not speeding and were going 60 in a 60?
- You say you were 5km past the 60km/h marker?

I would send another disclosure request ASAP and ask for the following:
- Please provide a typed version of officers notes with abbreviations explained, as I am unable to decipher what it says.
- Please advise as to the ...
by jsherk
Tue Nov 29, 2016 10:19 am
Forum: Failing to yield the right-of-way
Topic: Appeal Red light conviction
Replies: 57
Views: 28346

Re: Appeal Red light conviction

It could be one point for sure, yes! You want to find as many issues like that as you can though. The more the better.
by jsherk
Tue Nov 29, 2016 8:48 am
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 38078

Re: Speeding and Follow Too Closely

So if I take a course and become a highly trained driver and learn how to cope/deal with high speed driving, then I should not get any more speeding tickets... that is great news (sarcasm emoji)
by jsherk
Mon Nov 28, 2016 2:27 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 9351

Re: Plugging My Cell Phone in at Stop Light

It's one of those tickets that they are trying to make examples of everybody so they tend not to drop or change the charge if they don't have to.

At any trial, if you are convicted (or if you do Plead Guilty With An Explanation), you will then have the ability to make a submission to the JP about the $$$ penalty. This is when you just tell them ...
by jsherk
Mon Nov 28, 2016 1:29 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 9351

Re: Plugging My Cell Phone in at Stop Light

The address/phone above posted by Bend is for the Provincial Offences Office. Call them and ask for Prosecutor contact info.
by jsherk
Mon Nov 28, 2016 1:24 pm
Forum: General Talk
Topic: Speeding and Follow Too Closely
Replies: 79
Views: 38078

Re: Speeding and Follow Too Closely

Yes there is such a thing as rear facing antenna for moving radar, so it could be radar or speedometer, but you wont know until you request disclosure.

Officers are allowed to speed all they want while on duty. Apparently it is not safe for anybody else to speed (which is why they say they give so many speeding tickets), but it is perfectly safe ...
by jsherk
Fri Nov 25, 2016 8:31 am
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to stop for emergency vehicle
Replies: 10
Views: 8494

Re: Failure to stop for emergency vehicle

159(1)(a) reads:
Approaching, following emergency vehicles
Stop on approach of vehicle with flashing lights or bell or siren sounding
159. (1) The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing intermittent flashes of red light or red and blue light, or upon the ...
by jsherk
Thu Nov 24, 2016 9:42 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Failure to stop for emergency vehicle
Replies: 10
Views: 8494

Re: Failure to stop for emergency vehicle

Did the fire truck approach from the red light direction? Maybe a diagram would be more helpful.

Did the police officer see this happen, or did the fire department report her?

There probably is not any video which is why you did not get any.

Can you scan and post the notes (blank out personal/officer info)?
by jsherk
Thu Nov 24, 2016 7:47 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Fatal Error on Crown Brief Synopsis?
Replies: 3
Views: 2799

Re: Fatal Error on Crown Brief Synopsis?

No that is not a fatal error.
by jsherk
Thu Nov 24, 2016 6:51 pm
Forum: General Talk
Topic: 0 demerit points
Replies: 9
Views: 4345

Re: 0 demerit points

A speeding ticket for 1 over to 15 over is 0 demerit points but it can still affect your insurance exactly the same as 16-29 over (3 demerits) and 30-49 over (4 demerits). Insurance companies do not care about demerits. Demerits are completely irrelevent to insurance companies.

If you take it to trial and lose, it will be raised back up to 20 over ...
by jsherk
Thu Nov 24, 2016 6:47 pm
Forum: Parking Tickets
Topic: Parking ticket not properly served?
Replies: 7
Views: 5282

Re: Parking ticket not properly served?

I would definitely fight it. It says it needs to be delivered personally or mailed. Tape to your front door does not meet either of those criteria.