Search found 1722 matches

by jsherk
Wed Oct 12, 2016 8:26 am
Forum: General Talk
Topic: Licence Plate Obstruction
Replies: 13
Views: 12023

Re: Licence Plate Obstruction

This is not the same as fighting a reduced speeding ticket because in this case you could end up being charged with both the obstruct plate AND the fail to stop.

Now, most likely the officer won't know you are fighting the ticket until you ask for disclosure. If you plead not guilty and request a trial and the trial date is more than 6 months from ...
by jsherk
Tue Oct 11, 2016 3:07 pm
Forum: General Talk
Topic: Licence Plate Obstruction
Replies: 13
Views: 12023

Re: Licence Plate Obstruction

Yes they can give you a ticket for the thing from the dealer around your plate.

The officer has 6 months to give you a ticket for rolling the stop sign. So if you choose to fight the obstruct plate charge they may (or may not) write you up for rolling the stop sign.
by jsherk
Tue Oct 11, 2016 10:07 am
Forum: Stunt Driving
Topic: Stunt driving at 144 km/h in an 80 zone really need advise
Replies: 6
Views: 5250

Re: Stunt driving at 144 km/h in an 80 zone really need advi

The prosecutor has no obligation to offer you 49 over speeding. But they might. Most insurance companies consider 49 over just a MINOR infraction whereas they consider 50+ over and Stunt as a Serious offence. A serious offence will cause your insurance to skyrocket (more than double) and maybe even be cancelled.

So your court date that you have is ...
by jsherk
Tue Oct 11, 2016 9:55 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13553

Re: Insecure load - open for discussion

If they try to get the other officer to testify, you can object because they did not provide you with his notes.

But they really have no reason to get the other officer to testify. So I would not worry about it. If he does show up and they are calling him to testify then you have a good reason to object to it and that should get him excluded.
by jsherk
Sun Oct 09, 2016 9:19 pm
Forum: Stunt Driving
Topic: STUNT DRIVING CHARGE - NEED ADVICE
Replies: 13
Views: 10137

Re: STUNT DRIVING CHARGE - NEED ADVICE

In Ontario you will see "shall" which means you must. There is no confusion about this word as the courts have decided "shall" means must and "may" means optional. I do not know the case law off the top of my head, but I have read it several times where this was decided.

FAA rules do not apply in Canada, only in the USA. Make sure you are reading ...
by jsherk
Fri Oct 07, 2016 11:54 pm
Forum: General Talk
Topic: Trial Date Question
Replies: 8
Views: 2477

Re: Trial Date Question

Best option is to call them and ask them directly for the status.
by jsherk
Fri Oct 07, 2016 11:52 pm
Forum: General Talk
Topic: Speeding ticket (LIDAR) - very poor disclosure
Replies: 6
Views: 4110

Re: Speeding ticket (LIDAR) - very poor disclosure

1) yes
2) yes
3) yes
4) maybe. would not hurt to try
by jsherk
Fri Oct 07, 2016 11:42 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136(1)(a) trial - HELP
Replies: 7
Views: 4016

Re: section 136(1)(a) trial - HELP

I am not a lawyer and am not a paralegal and the folloing is not legal advice and is just my opinion, but I do not think the paralegal you hired is very experienced.

You do NOT have to show up to trial for provincial offences as long as you send somebody to represent you.

But I see that the paralegal wants you there in order to try and say "we ...
by jsherk
Fri Oct 07, 2016 8:00 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Obey a stop sign-ticket has no intersection
Replies: 1
Views: 3776

Re: Fail to Obey a stop sign-ticket has no intersection

Can you scan and post your ticket? If there is no section number at all, then this is a fatal error IF you do not show up for trial.
by jsherk
Thu Oct 06, 2016 4:20 pm
Forum: General Talk
Topic: Speeding ticket (LIDAR) - very poor disclosure
Replies: 6
Views: 4110

Re: Speeding ticket (LIDAR) - very poor disclosure

There are three copies to every ticket:
(1) Notice of Offence - the copy that you get.
(2) Certificate of Offence - the officers copy that gets submitted to the court.
(3) Enforcement Agency Record - the officers copy that they keep for their records.

They can not change the Certificate of Offence after they have given you the Notice of Offence ...
by jsherk
Thu Oct 06, 2016 11:48 am
Forum: General Talk
Topic: Speeding ticket (LIDAR) - very poor disclosure
Replies: 6
Views: 4110

Re: Speeding ticket (LIDAR) - very poor disclosure

You can not count on the officers not showing up, but it does happen sometimes. When you check in with prosecutor, you can ask them if both officers are there. Some prosecutors will be honest and tell you yes or no. If one is not there, then ask the prosecutor if they are going to withdraw the charge. If both officers are not there, then you should ...
by jsherk
Thu Oct 06, 2016 9:24 am
Forum: General Talk
Topic: Insecure load - open for discussion
Replies: 33
Views: 13553

Re: Insecure load - open for discussion

Section 111(2) reads:
Proper loading (2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle ...
by jsherk
Thu Oct 06, 2016 8:49 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Late Disclosure and Trial Date, 34 over
Replies: 11
Views: 3772

Re: Late Disclosure and Trial Date, 34 over

Yes it is a good angle to attack... basically you need to ask the officer what test they did and how they did it. You need to check the manual and see if the officer did everything they were supposed to do, the way they were supposed to do it. If they did not, then you get them to confirm what they did and how they did it. You then ask them if the ...
by jsherk
Thu Oct 06, 2016 8:06 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: section 136(1)(a) trial - HELP
Replies: 7
Views: 4016

Re: section 136(1)(a) trial - HELP

If you have NOT got disclosure then your paralegal should NOT tell them you are ready for trial. Paralegal should say you are not ready for trial because you have not got disclosure and request an adjournment.

Failure to have disclosure at the first trial is not a reason to get ticket dismissed. Yes it should get adjourned to new date.

You might ...
by jsherk
Tue Oct 04, 2016 5:35 pm
Forum: Stunt Driving
Topic: Stunt driving- racing -- LOOKING FOR HELP
Replies: 2
Views: 3481

Re: Stunt driving- racing -- LOOKING FOR HELP

The roadside suspension and car being impounded does not affect her insurance at all.

If you get convicted, because you are listed on her policy, it will affect her insurance HUGE. If she takes you off her policy, then it will not affect her insurance at all, but you may not be allowed to drive her vehicle anymore.

What is the charge or charges ...