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: 2362

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: 3800

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: 17548

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: 5003

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: 5003

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: 5003

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: 10542

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: 11868

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: 5506

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: 5003

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: 2253

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: 3826

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: 18723

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: 18723

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 ...
by jsherk
Tue Oct 18, 2016 1:10 pm
Forum: Driving or operating a vehicle on a closed road
Topic: Local Traffic Only - Road Closed
Replies: 15
Views: 18723

Re: Local Traffic Only - Road Closed

I would plead not guilty and request a trial with the officer present. Once you get your notice of trial, request disclosure (copy of officers notes) so you know what he will say. Then show up on your trial date (with your pictures) and talk to the prosecutor before the trial starts and tell him all the following:

First, it does say road closed ...
by jsherk
Mon Oct 17, 2016 3:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

A lot of case law is available here for free:
http://canlii.org
by jsherk
Sun Oct 16, 2016 3:14 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

Thats is not a good argument in my opinion.

Speeding is a specific number above the posted speed limit (lets use 120 in a 100). So the officers opinion that you were doing 120 does not cut it.

However you are facing a disobey sign charge. So now the officer's opinion is not about a specific speed, but just that you were going faster than the ...
by jsherk
Fri Oct 14, 2016 9:20 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

If the officer says the speedometer matched the radar in the car, then they need to prove the radar was calibrated. Of course they do this by saying they followed the manufacturers instructions, which say press the test button and then check to see if the speed on radar matches the speedometer.

They test the radar by checking it with speedometer ...
by jsherk
Fri Oct 14, 2016 9:10 pm
Forum: Improper right turn
Topic: No Right Turn Yonge & Dundas
Replies: 9
Views: 4252

Re: No Right Turn Yonge & Dundas

I want to say that tickets like this one are usually the hardest type to beat because they basically rely only on the officers testimony. Officer says you did it. You say you didn't. Who do you think the JP will believe? A speeding ticket is easier to beat because you can challenge things besides what the officer said, like the radar device. So ...
by jsherk
Fri Oct 14, 2016 5:13 pm
Forum: Improper right turn
Topic: No Right Turn Yonge & Dundas
Replies: 9
Views: 4252

Re: No Right Turn Yonge & Dundas

It is hard to comment on a charge until we see the disclosure (officers notes).

I recommend you do not hire a lawyer or paralegal yet as you can do a lot of the up front stuff yourself and save some money.

Plead Not Guilty and request a trial with the officer present. Once you receive your Notice of Trial, then send in a letter requesting ...
by jsherk
Fri Oct 14, 2016 2:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

You do not contact anybody but the prosecutor to ask for disclosure.

You can ask for video, and they should give it to you IF they have video, but not sure if OPP does much video recording yet.

You should probably send a letter and ask for speedometer calibration records ahead of time. Most likely they will not give them to you. When the trial ...
by jsherk
Fri Oct 14, 2016 7:55 am
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16690

Re: Fail to report - advice needed

So looking back thru the thread, the charge (you think) is
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the ...
by jsherk
Fri Oct 14, 2016 7:45 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

Attacking speedometer means asking a lot of questions about whether it was accurate or not. For example, when was it last tested/calibrated?

But again even if you get the speedometer reading thrown out, the officer simply saying he thought you were going above 100km will probably be enough for them to convict as the JP will most likely believe him ...
by jsherk
Thu Oct 13, 2016 5:22 pm
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16690

Re: Fail to report - advice needed

Yes I would object anytime they try to say anything the defendant said. They would need to have a voire dire and determine if the statements made were voluntary in order to admit them (and this would require the defendant to be there).

Is there any proof of amount of damage?
by jsherk
Thu Oct 13, 2016 5:19 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket based upon calculations
Replies: 36
Views: 11868

Re: Speeding ticket based upon calculations

So my question would be, can the officer rely on any calculations based on complainer, if the complainer does not show to court? I don't think so.
Basically every time the officer tries to testify something that the complainer supposedly said, I would object and say its hearsay and not allowed.

But even if you throw out all the stuff related to ...
by jsherk
Thu Oct 13, 2016 5:05 pm
Forum: Stunt Driving
Topic: speeding Stunt Driving charge
Replies: 10
Views: 6752

Re: speeding Stunt Driving charge

With a lawyer there are no guarantees that they will win for you, and you will probably be found guilty of something.

Now, without representation, you will definitely be found guilty of something. So here is what you can do...

You can talk to the prosecutor before court starts.

(1) Ask if they are willing to drop it to a 49 over speeding charge ...
by jsherk
Thu Oct 13, 2016 7:53 am
Forum: General Talk
Topic: Licence Plate Obstruction
Replies: 13
Views: 12555

Re: Licence Plate Obstruction

So if it was me, I would plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, post back here and let us know when it is.
by jsherk
Wed Oct 12, 2016 9:35 am
Forum: General Talk
Topic: Licence Plate Obstruction
Replies: 13
Views: 12555

Re: Licence Plate Obstruction

Disclosure is when you request the evidence that the prosecution has against you.

In your case, you would ask for a copy of the officers notes and copies of any audio or video if they exist.

What is in the officers notes is what they will testify on the witness stand about what happened, so that is why it is important to read them before the trial.