Search found 1722 matches

by jsherk
Tue Nov 01, 2016 11:51 am
Forum: General Talk
Topic: Carrying two insurance cards Ontario
Replies: 14
Views: 6708

Re: Carrying two insurance cards Ontario

Of course common sense and a reasonable person would tell you that having a valid insurance card along with one that has expired, should not be a crime but our Canadian un-Justice system does not work on common sense or reason!

What is the exact charge (the wording and section number and Act) that your friend was charged with?
by jsherk
Tue Nov 01, 2016 10:46 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 111km/h in a 70km/h zone
Replies: 9
Views: 3362

Re: Speeding 111km/h in a 70km/h zone

What specifically are the two charges that you were charged with (with section numbers)?
by jsherk
Tue Nov 01, 2016 8:41 am
Forum: General Talk
Topic: Expired Drivers License, and sticker
Replies: 11
Views: 4641

Re: Expired Drivers License, and sticker

All tickets are fightable... but these ones are next to impossible to beat, unless the officer does not show up (which is very very rare).

However it is always worthwhile to plead not guilty, request a trial, and request disclosure and then show up on the trial date because as a worst case, you can probably get the fine reduced on both of them.
by jsherk
Mon Oct 31, 2016 9:30 pm
Forum: Hand-held devices
Topic: Consequence of pleading not guilty to an unreduced charge?
Replies: 8
Views: 3129

Re: Consequence of pleading not guilty to an unreduced charg

It could prove much more costly for you. Out of court, the set fine of $400 applies. However, once you go in to court, the set fine no longer applies but rather the statutory fine. In your case, the range is $300 to $1000. Rarely, will they go lower than the set fine. Rather, on a first offence, some JPs will go as high as $600 (but sometimes more ...
by jsherk
Mon Oct 31, 2016 3:59 pm
Forum: Hand-held devices
Topic: Consequence of pleading not guilty to an unreduced charge?
Replies: 8
Views: 3129

Re: Consequence of pleading not guilty to an unreduced charg

As far as I am aware, you have nothing to lose by pleading not guilty and going to trial and being found guilty by the JP. Conviction and fine should be the same either way.

If the prosecutor offers you a plea deal ahead of time for a reduced fine if you plead guilty, then if you plead not guilty and lose you would be charged full fine intead of ...
by jsherk
Fri Oct 28, 2016 12:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Going 83km/h in 50km/h zone
Replies: 14
Views: 5292

Re: Going 83km/h in 50km/h zone

You need to go into provincial offences office and tell them you asked for early resolution and never got anything in the mail and ask for a RE-OPENING to set new trial date.
by jsherk
Wed Oct 26, 2016 11:37 am
Forum: Improper left turn
Topic: Improper left turn HTA 141(6)
Replies: 8
Views: 7272

Re: Improper left turn HTA 141(6)

Usually you would wait to get your Notice of Trial before you request disclosure. And then you should request the disclosure at least 6 weeks before the trial. As long as you requested the disclosure 6 weeks in advance then they will not count it against you. If your Notice of Trial came less than 6 weeks before the trial date, then they will not ...
by jsherk
Wed Oct 26, 2016 9:43 am
Forum: General Talk
Topic: Red Light - Fail To Stop on Bicycle/Other
Replies: 3
Views: 2576

Re: Red Light - Fail To Stop on Bicycle/Other

Just remember that DEMERIT points have nothing to do with INSURANCE rates. You can get a 0 demerit point ticket and your insurance can still go up. Insurance does not look at demerit points. For example, Insurance sees speeding anywhere 1 over to 49 over as a MINOR convicting which can cause a small increase, even though 1-15 over is 0 demerits, 16 ...
by jsherk
Tue Oct 25, 2016 1:26 pm
Forum: Improper left turn
Topic: Improper left turn HTA 141(6)
Replies: 8
Views: 7272

Re: Improper left turn HTA 141(6)

You need to get the disclosure first (officers notes) and read them before you can decide how to fight it, but the suggestions you made above are probably not good defences at all.

Mispelled name does not matter.
by jsherk
Tue Oct 25, 2016 1:20 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13553

Re: Insecure load - open for discussion

Yes
by jsherk
Mon Oct 24, 2016 3:12 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to stop at stop sign-officers note
Replies: 6
Views: 5157

Re: Fail to stop at stop sign-officers note

IMPORTANT: At no time should your friend ever admit to disobeying the stop sign, to either the prosecutor or the officer. If they ask your friend this question, your friend should answer "I have no comment about that at this time." The only exception is if your friend takes the witness stand under oath (in this case they WOULD have to answer all ...
by jsherk
Sun Oct 23, 2016 7:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 over in a fifty
Replies: 18
Views: 4533

Re: 49 over in a fifty

It's a Justice of the Peace decision which means it is NOT binding on any other Justice of the Peace.

Most ONCJ level cases are Justice of the Peace.

Sometimes you will come across an ONCJ level case that is an appeal with a Judge. These cases ARE binding on all Justice of the Piece.
by jsherk
Sun Oct 23, 2016 11:56 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 over in a fifty
Replies: 18
Views: 4533

Re: 49 over in a fifty

Milgarded wrote:Yet I just read case law that states the author of radar manuals do not need to be present if references are made from said manual.
Do you remember which case law this was?
by jsherk
Fri Oct 21, 2016 8:56 pm
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 15122

Re: Fail to report - advice needed

Representing self, family, friend or neighbor

LAW SOCIETY ACT
Not practicing law or providing legal services
1. (8) For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services: 3. An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or ...