Search found 1722 matches

by jsherk
Fri Oct 21, 2016 2:28 pm
Forum: General Talk
Topic: metal detector or xray machine at entrance to court (markham
Replies: 4
Views: 2136

Re: metal detector or xray machine at entrance to court (mar

Best thing would be to just ask them if its an xray machine when you get there.
by jsherk
Fri Oct 21, 2016 2:24 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding 49km/h over
Replies: 10
Views: 3571

Re: Speeding 49km/h over

If you take it trial and LOSE then they can raise the speed back up to the highest speed that the officer testifies. So he if says 140, then it would be SPEEDING 60 OVER. I do not think they can change it back to STUNT, but I am not sure so somebody else had better confirm how that works.
by jsherk
Fri Oct 21, 2016 2:21 pm
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13553

Re: Insecure load - open for discussion

Good info!
by jsherk
Fri Oct 21, 2016 2:20 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

Yes there are going to be issues with three people testifying about speed which is why I suggested a 50/50 chance of it working. What they say and how they say it will be important to the JP's decision. If it was just the driver testifying himself then the chances are pretty much 0 that JP will believe driver over officer. Add a couple more ...
by jsherk
Fri Oct 21, 2016 10:46 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

If you and your witnesses take the stand and testify you were only going 65 in a 50, I honestly do not know how it will turn out for you. It is up to the JP... with three of you testifying the same thing, the JP might believe you all over the officer. But the JP might also say she thinks the three of you are all colluding and go with the officers ...
by jsherk
Thu Oct 20, 2016 8:32 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

I pretty much agree with everything you are saying.

The test button on the radar does NOT send or receive a beam form the antenna. It only verifies the internal electronics. So really it does not actually test that the unit is functioning properly at all.

I have a Diploma in Electronics Engineering Technology so I think I am going to start some ...
by jsherk
Thu Oct 20, 2016 3:48 pm
Forum: Stunt Driving
Topic: STUNT DRIVING CHARGE - NEED ADVICE
Replies: 13
Views: 10137

Re: STUNT DRIVING CHARGE - NEED ADVICE

So the biggest negative you have is that the speeding 55 over would cause you to have super high insurance rates for the next three years. If you are not going to have your own insurance, then I guess it does not matter. The insurance would be the biggest concern that I would have with pleading guilty, so in this case you probably did the right ...
by jsherk
Thu Oct 20, 2016 3:43 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 10908

Re: Speeding ticket based upon calculations

They do not think they need to provide them, so most likely you wont get them.

But I am still working on those anyways... just had a motion to try and get those but was denied by JP. My next step will be Charter challenge at the next trial date. Then hopefully onto Appeal court at some point to try and get a Judge to agree they need to be released.
by jsherk
Thu Oct 20, 2016 1:48 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

Call the provincial offences office and ask for the status.
by jsherk
Thu Oct 20, 2016 10:30 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

Do his notes say you were doing 107 in a 50 (57 over) but he dropped it to 49 over?

The key of course is to bring doubt to the accuracy of the radar device. Do you have the money to hire an expert witness to testify on your behalf? If you do, PM so we can talk more about it. If you do not, then your opinion (although correct) will not be ...
by jsherk
Thu Oct 20, 2016 10:24 am
Forum: General Talk
Topic: RADAR- Bringing doubt to accuracy of device
Replies: 2
Views: 2105

RADAR- Bringing doubt to accuracy of device

If you can bring doubt to the accuracy of the radar or lidar device the officer used in a speeding ticket, then you can probably get the radar evidence thrown out and beat the ticket.

There are two ways to do this:
(1) Bring your own expert witness to testify for you. Very expensive!
(2) Cross-examine the officer with questions that bring doubt to ...
by jsherk
Wed Oct 19, 2016 9:25 am
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 144 km/h in an 80 (Hwy 6 in Guelph)
Replies: 3
Views: 3569

Re: 144 km/h in an 80 (Hwy 6 in Guelph)

So your court date tomorrow is NOT your trial. It is a summons date. You will have the following options:

(1) Plead guilty to the charge and be done with it (highly NOT recommended).
(2) Plead guilty to a plea deal charge that is offered to you by prosecutor. If they offer you 49 over speeding, then this is probably your best option.
(3) Tell them ...
by jsherk
Tue Oct 18, 2016 7:21 pm
Forum: Driving or operating a vehicle on a closed road
Topic: Local Traffic Only - Road Closed
Replies: 15
Views: 17317

Re: Local Traffic Only - Road Closed

In that particular subsection it is saying that it is the OFFICER that needs to post OR cause to be posted OR place OR cause to be placed.

I am not saying he has to do them all, but for the purpose of subsection 3, I would argue that he does. Especially since the title of section 134 is "Direction of traffic by police officer".

Anyways, you can ...
by jsherk
Tue Oct 18, 2016 6:25 pm
Forum: Driving or operating a vehicle on a closed road
Topic: Local Traffic Only - Road Closed
Replies: 15
Views: 17317

Re: Local Traffic Only - Road Closed

Subsection (2) says that the sign must be posted by the police officer ... This does not look like a sign that the police officer posted, but one posted by the construction company doing the work on the road.

It clearly doesn't say that.
I think it does...
Highway closing
134(2) For the purposes of subsection (1), a police officer may close a ...