Search found 1722 matches

by jsherk
Tue Nov 22, 2016 9:53 pm
Forum: General Talk
Topic: ***25 yr old suspension that i never knew i had****
Replies: 5
Views: 2521

Re: ***25 yr old suspension that i never knew i had****

Well the MTO (where you get your license) should be able to tell you why it is suspended and should be able to tell you what you need to do to get it re-instated.

Assuming they can not tell you that, you need to get your old drivers license number and then go to a Provincial Offences office and ask them there what the issue is.

If there is some ...
by jsherk
Tue Nov 22, 2016 2:24 pm
Forum: Careless Driving
Topic: Careless Driving - Single Car Collision - No Witnesses
Replies: 2
Views: 3676

Re: Careless Driving - Single Car Collision - No Witnesses

Personally I would not hire anybody yet...

Plead not guilty and request a trial with the officer present. Once you get the Notice of Trial, send in a disclosure request for Officers notes and a copy of witness statements and will-say statements.

Once you get this information, then you can decide whether to hire a paralegal or not. There is no ...
by jsherk
Tue Nov 22, 2016 2:13 pm
Forum: Improper left turn
Topic: Officer lied on disclosure
Replies: 3
Views: 3470

Re: Officer lied on disclosure

Well you still have a copy of the officer original notes right?

So you can question him on cross examination about the things in his notes.

You can also say at your next trial something like "I am prepared to proceed today, although I just need a quick clarification from the officer on a couple words/sentences that were in his notes before I ...
by jsherk
Tue Nov 22, 2016 2:10 pm
Forum: General Talk
Topic: Drive Without Proper Lights - Mistake by officer
Replies: 7
Views: 5274

Re: Drive Without Proper Lights - Mistake by officer

Personally I am one who likes to fight just about every ticket, however given that you probably do not have much experience in court, my suggestion is that you bring this discrepency up with the prosecutor.

Print out section 62(1) of HTA https://www.ontario.ca/laws/statute/90h08#BK120
And print out schedule 43 (lines 125 and 125.1) http://www ...
by jsherk
Tue Nov 22, 2016 11:31 am
Forum: General Talk
Topic: Drive Without Proper Lights - Mistake by officer
Replies: 7
Views: 5274

Re: Drive Without Proper Lights - Mistake by officer

Looking at section 62(1), I do not see any reference to commercial motor vehicle:
Lamps
Lamps required on all motor vehicles except motorcycles
62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons ...
by jsherk
Tue Nov 22, 2016 9:53 am
Forum: Compulsory Automobile Insurance Act
Topic: Failure to provide insurance but it was in the car
Replies: 4
Views: 3942

Re: Failure to provide insurance but it was in the car

I would plead not guilty, and request a trial with the officer present. Once you get your notice of trial, I would request disclosure (officers notes).

What is the exact wording and section number on the ticket?

My opinion is that he should have let you retieve it, and this is a *EDIT* charge. It does NOT say that it must be within arms reach of ...
by jsherk
Tue Nov 22, 2016 8:33 am
Forum: General Talk
Topic: Drive Without Proper Lights - Mistake by officer
Replies: 7
Views: 5274

Re: Drive Without Proper Lights - Mistake by officer

The prosecutor does not have to offer you any deals at all. The two ticlets for fail to surrender insurance card and fail to surrender permit are nearly impossible to beat.

Now if indeed the officer gave you the wrong charge for the headlights and you can prove it in court, you will still be found guilty of the other two two.

So you can take the ...
by jsherk
Sat Nov 19, 2016 8:43 am
Forum: Careless Driving
Topic: Careless Driving - Witness lives 700km away?
Replies: 13
Views: 7002

Re: Careless Driving - Witness lives 700km away?

Did you take pictures at the scene of the vehicles and the damage?
by jsherk
Fri Nov 18, 2016 5:33 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10788

Re: 144(18) Disclosure

Plea deals are completely optional and the prosecutor has no obligation to offer them to you at all. They also have no obligation to offer you a deal again that they offered you before. If you get it adjourned a third time, it is still completely up to the prosecutor whether they offer you another deal or not. They can also change the deal they are ...
by jsherk
Thu Nov 17, 2016 7:04 pm
Forum: General Talk
Topic: Ministry Interview
Replies: 10
Views: 8032

Re: Ministry Interview

I have not looked thru the act on this myself, but just wondering where it says they can suspend your license at 9 points if they decide too?
by jsherk
Thu Nov 17, 2016 1:24 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17698

Re: No written notes only In car camera from police

Democracy is using the rights that were giving to you such as the right to be considered innocent until proven guilty and the right to a fair trial by an impratial person. This means it is well within your rights to take every single charge, no matter how small or minor, to court and have them prove you are are guilty, regardless of whether you ...
by jsherk
Thu Nov 17, 2016 11:56 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17698

Re: No written notes only In car camera from police

The system definitley needs people like you that are willing to take a stand for their rights and learn how the un-justice system in Canada and Ontario works. Even if you don't win, it is the cost of your education in how it all works.

Personally I think ALL stop signs should be replaced with yield signs which would eliminate the cash grad of ...
by jsherk
Wed Nov 16, 2016 8:02 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17698

Re: No written notes only In car camera from police

My personal opinion is that you need to use the shotgun approach when fighting a ticket, because if you are relying on only one thing, then there is a good chance that they will have answer and you are done. With the shotgun approach, they need an answer for each point you bring up AND it gives a greater chance for the JP to make a mistake AND it ...
by jsherk
Wed Nov 16, 2016 6:08 pm
Forum: General Talk
Topic: Ministry Interview
Replies: 10
Views: 8032

Re: Ministry Interview

I honestly have no idea how the meeting will go, but I hope you will share with us after it is done.
by jsherk
Wed Nov 16, 2016 8:08 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17698

Re: No written notes only In car camera from police

Good job sticking up for yourself!

I would come back next time prepared to proceed again. And make sure you have copies of any of the HTA or regulations or Evidence Act that you want reference.

You could also call court house and tell them you need to meet with a Justice of the Peace to get a subponea for the person at Markham City that can ...
by jsherk
Wed Nov 16, 2016 7:58 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10788

Re: 144(18) Disclosure

Well you had better check with your insurance company on the status (Minor, Major, Serious) of each charge. Obviously minor charges are preferred.

If you can get a charge changed to OWNER instead of as DRIVER, then it does NOT affect your insurance at all, and there are NO demerit points. Only charges to DRIVER incur demerits and insurance ...
by jsherk
Wed Nov 16, 2016 7:52 am
Forum: General Talk
Topic: Stupid Turn
Replies: 3
Views: 2097

Re: Stupid Turn

If there was a red light camera then you will get a ticket (to the owner of the vehicle) because light was red.

It is to the OWNER not the driver, so there are no demerit points and no insurance increases.

If there was no camera then you will not get a ticket.
by jsherk
Tue Nov 15, 2016 2:01 pm
Forum: General Talk
Topic: no valid permit - no valid sticker plate 7(1)(a) 7(1)(c)(i)
Replies: 2
Views: 4940

Re: no valid permit - no valid sticker plate 7(1)(a) 7(1)(c)

Take a look at this thread, towards the bottom of page 1 and onto page 2:
http://www.ontariohighwaytrafficact.com/topic7631.html

The sticker is NOT required per Ontario Regualtion 628
https://www.ontario.ca/laws/regulation/900628
Section 6(2) says:
Evidence of validation for a permit shall be affixed to a number plate for the vehicle in ...
by jsherk
Tue Nov 15, 2016 1:55 pm
Forum: General Talk
Topic: no driver's license 32(1)
Replies: 4
Views: 7734

Re: no driver's license 32(1)

Section 32(1) says:
Drivers licence
32. (1) No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a drivers licence issued to him or her under this Act .

So now we need to dig into the part that says "issued under this act". Does a drivers license ...
by jsherk
Tue Nov 15, 2016 1:50 pm
Forum: Careless Driving
Topic: Stressing out......
Replies: 14
Views: 4076

Re: Stressing out......

Okay it is under REGULATION 340/94 ...
that is why I could not find it. It is section 5.(1) of that regulation that says:
5. (1) The holder of a Class G1 drivers licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G drivers licence or its equivalent authorizing the holder to drive the motor vehicle ...
by jsherk
Tue Nov 15, 2016 11:11 am
Forum: Careless Driving
Topic: Stressing out......
Replies: 14
Views: 4076

Re: Stressing out......

Okay well again section 31 and 51 don't make any sense either for the charges of fail to surrender card and driving g1 without licensed drivers. Scan the tickets and post so we can figure out correct charges.

They MIGHT offer you a deal to plead guilty to one and drop the other two, but there is no guarantee for this.
by jsherk
Tue Nov 15, 2016 10:51 am
Forum: Careless Driving
Topic: Stressing out......
Replies: 14
Views: 4076

Re: Stressing out......

I recommend that you do NOT tell anybody (not the officer, not the prosecutor, not the JP) that you did not have insurance because that is a $5000 fine and they will throw everything they can at you.

Section 53 says:
Driving while drivers licence suspended
53. (1) Every person who drives a motor vehicle or street car on a highway while his or her ...
by jsherk
Tue Nov 15, 2016 10:19 am
Forum: Careless Driving
Topic: Stressing out......
Replies: 14
Views: 4076

Re: Stressing out......

So you did NOT get a ticket for "not having insurance", but you did get a ticket for "not surrendering insurance card"?

Can you list the section numbers for each of the three charges?
by jsherk
Tue Nov 15, 2016 9:48 am
Forum: Careless Driving
Topic: Stressing out......
Replies: 14
Views: 4076

Re: Stressing out......

So you already got charged with Careless driving, which would have caused your insurance to increase a HUGE amount already. More charges like the ones you mentioned are going to cause another huge increase, or you may not even be able to get insurance after this.

Did you have insurance on the vehicle but just did not have card with you, or you did ...
by jsherk
Mon Nov 14, 2016 8:53 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17698

Re: No written notes only In car camera from police

The officers remarks about the lines that are not there may help you a little, but in the end the only part that matters is if the officer says you did not stop.

If there is no by-law for the stop sign though, then you need to make sure you bring that up at the trial. If you can even get a response from somebody in the municipality saying that ...
by jsherk
Mon Nov 14, 2016 2:50 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10788

Re: 144(18) Disclosure

So if you go to trial then they will want to charge you with both and that will be two MINOR charges against your insurance.

If you take the plea, then you will only have the one MINOR charge.

Tickets like this are very very hard to beat because it is basically your word against the officers. So with no video evidence and no other witnesses you ...
by jsherk
Mon Nov 14, 2016 12:27 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10788

Re: 144(18) Disclosure

So unless you have video (or another eye witness) that will testify that the light was not red when you went thru it, you will most likely lose at trial.

So let's consider some options... Sometimes prosecutors will drop a charge like "fail to have insurance" if you show them the valid one and plead guilty to the other charge. The other thing to ...
by jsherk
Mon Nov 14, 2016 8:44 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: No written notes only In car camera from police
Replies: 33
Views: 17698

Re: No written notes only In car camera from police

So did you drive right on thru the stop sign without even slowing down because you did not see it, or did you slow down and almost stop but roll thru?

The reason I ask is that if you did not stop because you did not see it then the cement truck thing would be good and you need to find the law/regulation about the 60metres. However if you slowed ...
by jsherk
Mon Nov 14, 2016 7:42 am
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) - Mississauga - turn and no turn signs
Replies: 6
Views: 5061

Re: Disobey Sign 182 (2) - Mississauga - turn and no turn si

Take the win anyway you can! Congratulations! :D
by jsherk
Mon Nov 14, 2016 7:35 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144(18) Disclosure
Replies: 19
Views: 10788

Re: 144(18) Disclosure

Ticketcombat site has not been updated for years. The courts have decided that it is now up to YOU to check if disclosure is ready, and it is not up to the prosecution to have to hunt you down. So if it was ready and you did not check then they will count this first adjourment time delay against you not the prosecution.

As far as fighting the red ...