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: 2312

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: 3481

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: 3263

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: 4832

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: 4832

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: 3664

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: 4832

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: 6576

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: 9872

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: 7493

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: 15262

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: 15262

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: 15262

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: 7493

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: 15262

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 ...