Search found 1722 matches

by jsherk
Tue Oct 04, 2016 2:06 pm
Forum: Compulsory Automobile Insurance Act
Topic: Provided insurance, officer didn't take it
Replies: 7
Views: 3609

Re: Provided insurance, officer didn't take it

Yes if the prosecutor is in a good mood, they MIGHT drop it. They don't have to, but they might so it is worth a try.
by jsherk
Tue Oct 04, 2016 11:24 am
Forum: Compulsory Automobile Insurance Act
Topic: Provided insurance, officer didn't take it
Replies: 7
Views: 3609

Re: Provided insurance, officer didn't take it

What is the exact charge you got and the section number?
by jsherk
Sun Oct 02, 2016 6:16 pm
Forum: General Talk
Topic: Trial Date Question
Replies: 8
Views: 2477

Re: Trial Date Question

For future reference, usually you would have a trial date set in at most 6 months. Once you receive the Notice of Trial, you would then send a letter to the prosecutor asking for disclosure (officers notes, manuals, witness statements, etc.).
by jsherk
Sun Oct 02, 2016 6:08 pm
Forum: General Talk
Topic: Trial Date Question
Replies: 8
Views: 2477

Re: Trial Date Question

Sounds like good news for you! Call tomorrow and confirm it was withdrawn though just to make sure. You dont need to give them any details, other than just ask them to confirm the status.

Then the next time you are near an MTO office, you might want to go in and confirm there is nothing on your record regarding this incident.
by jsherk
Fri Sep 30, 2016 9:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 44km/h over - 5 Great Questions Inside :)
Replies: 17
Views: 6272

Re: 44km/h over - 5 Great Questions Inside :)

Because you admit to speeding, you should NOT take the stand and should NOT testify and should NOT give your side of the story. This means that the only way to beat it is by cross-examining the officer and bringing reasonable doubt to what the officer said.

You should read these two threads:
http://www.ontariohighwaytrafficact.com/topic7039.html ...
by jsherk
Fri Sep 30, 2016 4:28 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 36km over on HWY 401
Replies: 6
Views: 2332

Re: 36km over on HWY 401

Yes that should be fine. Ask the people at provincial offences office for contact info for prosecutors office as well.

Hand deliver or fax are the best way to make sure they get them.
by jsherk
Fri Sep 30, 2016 2:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 36km over on HWY 401
Replies: 6
Views: 2332

Re: 36km over on HWY 401

I would send a letter to BOTH the clerk at the provincial offences office AND to the prosecutor and make your request for a new date and the reasons why.

If you do it soon enough, then the JP should not have a problem rescheduling as you gave them sufficient notice. Of course they could say no and convict, so then you would have to ask for a re ...
by jsherk
Fri Sep 30, 2016 1:47 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 36km over on HWY 401
Replies: 6
Views: 2332

Re: 36km over on HWY 401

So you got the ticket in April of 2015, pleaded Not Guilty, requested a trial, and they are just now (September of 2016) giving you a trial date?

If it has been over a year as you say, then you can file for an 11B Charter violation of your right to a speedy trial.

If you meant to say April 2016, then you should request disclosure as soon as ...
by jsherk
Fri Sep 30, 2016 11:20 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144/18
Replies: 23
Views: 8729

Re: 144/18

If it is a Part 1 Summons, and it was given to you on Sept 11, which was about 40 days after the incident, then you can ask for the charge to be quashed/dropped per Section 3(3) of POA:
"POA 3. Service (3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred."
by jsherk
Fri Sep 30, 2016 11:12 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144/18
Replies: 23
Views: 8729

Re: 144/18

Please read the POA PART 1 and PART 3 before you ask more questions yourself...

Now, I just read thru the POA again, and let me correct a couple things I said:

(1) Under PART 1 (filing a certificate of offence), the officer can give you either a Notice of Offence or a Summons within 30 days of the incident . The officers copy of both of these is ...
by jsherk
Fri Sep 30, 2016 9:41 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144/18
Replies: 23
Views: 8729

Re: 144/18

You will need to plead Not Guilty and request disclosure (officers notes AND all witness statements). Until you get those, we are just speculating and need to know what everybody said before we can determine how he came about giving you the red light ticket.

Now, you keep getting confused about the officer filling times... according to what you ...
by jsherk
Fri Sep 30, 2016 9:30 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 44km/h over - 5 Great Questions Inside :)
Replies: 17
Views: 6272

Re: 44km/h over - 5 Great Questions Inside :)

My suggestion is to plead not guilty, request a trial and get disclosure before deciding whether to take a plea.

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the evidence they have against you. Even if you admit ...
by jsherk
Thu Sep 29, 2016 7:54 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: 144/18
Replies: 23
Views: 8729

Re: 144/18

I do not see much benefit in it as it does not help prove which one of you ran the red light.
by jsherk
Thu Sep 29, 2016 7:52 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 44km/h over - 5 Great Questions Inside :)
Replies: 17
Views: 6272

Re: 44km/h over - 5 Great Questions Inside :)

highwaystar wrote:If you don't show up for your ER, section 9(1)(b) of the POA says you are deemed not to want to dispute the charge. In other words, CONVICTION!!!
I stand corrected. Good to know.
by jsherk
Thu Sep 29, 2016 1:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 44km/h over - 5 Great Questions Inside :)
Replies: 17
Views: 6272

Re: 44km/h over - 5 Great Questions Inside :)

1) Early Resolution is a waste of time in most situations, unless you have proof that the charge should be dropped. There is no way a prosecutor is going to drop a charge completely just because you ask, and they don't really care about your side of the story as you can give that statement during trial if you want. If you do go to early resolution ...