Search found 1722 matches

by jsherk
Thu Sep 29, 2016 1:22 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45895

Re: Radar Manual- No tuning forks and No tracking history

I can not find that anywhere in the Rev 25/Aug/2010 Canada Variant of Genesis II Select Directional manual, except in the testing procedure for before test and after test.
by jsherk
Thu Sep 29, 2016 11:45 am
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45895

Re: Radar Manual- No tuning forks and No tracking history

rank wrote:It clearly states in the Genesis operator manual that I read, before the officer locks a speeder, the officer must compare that the speedo reading and the radar patrol speed are the same.
Do you know what section of the manual it says this in?
by jsherk
Thu Sep 29, 2016 8:50 am
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45895

Re: Radar Manual- No tuning forks and No tracking history

Where do you see that inference?

When I read that quote about VIP, I just understand it to mean that the unit is using the signal from patrol vehicle computer (via vip/vss cable) to compare against the patrol vehicle speed that is being generated by the radar. The radar is receiving multiple signals back and has to determine which one is patrol ...
by jsherk
Wed Sep 28, 2016 8:22 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45895

Re: Radar Manual- No tuning forks and No tracking history

Good find :D

This does infer that the patrol speed displayed on the radar device is still determined by radar though.
by jsherk
Wed Sep 28, 2016 8:22 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: 9654

Re: 144/18

For summons, there is no requirement to file within 7 days. This is for a regular ticket that says Notice of Offence on it, not a summons. And the 7 days to file is from when they give you the ticket not form the date of the incident.

You will have to wait and get all the witness statements to determine if the other driver is saying you went thru ...
by jsherk
Tue Sep 27, 2016 11:08 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: 9654

Re: 144/18

I do not believe what you have been told is correct. They have 6 months to charge you from the date of the incident. If you are given a Notice of Offence (the normal ticket you would get for something like speeding) then the officer has 7 days to file their copy of it (the Certificate of Offence) with the court. If you are given a summons, then ...
by jsherk
Tue Sep 27, 2016 9:19 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45895

Re: Radar Manual- No tuning forks and No tracking history

What does the v.i.p. plugin do?
by jsherk
Tue Sep 27, 2016 1:56 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 9352

Re: Plugging My Cell Phone in at Stop Light

Yes you can plead guilty on the day of trial if you do not want to fight it. But you need at least a couple weeks to review disclosure, so if you get it within two weeks of the trial you can show up and ask JP to adjourn it to another date as you need time to review the disclosure and prepare your defense. Again you can still plead guilty at ...
by jsherk
Tue Sep 27, 2016 1:30 pm
Forum: General Talk
Topic: Use and Possess Illegal Licence (35(1)(a))
Replies: 9
Views: 4497

Re: Use and Possess Illegal Licence (35(1)(a))

So for a summons, the first appearance date is NOT your trial date. You can certainly show up and just plead guilty and be done with it, but that is not recommended. The summons date is just a date where they figure out what the fine will be and then set the trial date.

If you tell them you want to plead not guilty and want disclosure, then they ...
by jsherk
Tue Sep 27, 2016 12:51 pm
Forum: General Talk
Topic: Use and Possess Illegal Licence (35(1)(a))
Replies: 9
Views: 4497

Re: Use and Possess Illegal Licence (35(1)(a))

Were you given a summons? If so, then when you appear in November I would say you plan on pleading not guilty and would like disclosure (officers notes AND any witness statements).

Once you get these, blank out any personal info and scan and post here for use to review.

You can not figure out if you have a defense or not until you get disclosure.
by jsherk
Tue Sep 27, 2016 8:57 am
Forum: Careless Driving
Topic: Careless Driving - Witness lives 700km away?
Replies: 13
Views: 7003

Re: Careless Driving - Witness lives 700km away?

They must have a witness that SAW the event testify. They can not use the witness statement. The person themselves must show up to tell their story.

The police officer is there to say that they checked id and took report and issued ticket, but if the officer did not witness the event, then they can not testify to that.

If the officer saw the ...
by jsherk
Tue Sep 27, 2016 8:43 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: 9654

Re: 144/18

What exact charge and section were you charged with on the summons?

What happened at your first appearance? Did you go?

So as far them giving you either a regular ticket (Notice of Offence) or a summons ticket, they have 6 months from the date of the incident to serve you with one or the other. I do not believe that there is any time limit on ...
by jsherk
Mon Sep 26, 2016 11:26 am
Forum: General Talk
Topic: Can you request disclosure before Early Resolution?
Replies: 14
Views: 6821

Re: Can you request disclosure before Early Resolution?

Personally I think early resolution is usually a waste of time, unless you have something specific that will pretty much guarantee them dropping the charge when you show it to them.

The best you can expect at the early resolution is that the prosecutor MIGHT offer you a plea deal to something like 29 over.

But without disclosure it just means an ...
by jsherk
Sun Sep 25, 2016 7:09 pm
Forum: General Talk
Topic: Can you request disclosure before Early Resolution?
Replies: 14
Views: 6821

Re: Can you request disclosure before Early Resolution?

Probably NOT a good idea.
by jsherk
Sun Sep 25, 2016 7:07 pm
Forum: General Talk
Topic: Requirement to provide three copies of case law for a motion
Replies: 16
Views: 6981

Re: Requirement to provide three copies of case law for a mo

I just want to know if it exists or not!
by jsherk
Sun Sep 25, 2016 6:17 pm
Forum: General Talk
Topic: Requirement to provide three copies of case law for a motion
Replies: 16
Views: 6981

Re: Requirement to provide three copies of case law for a mo

Maybe you did not read the part above where I told the JP that I would get the 3 copies anyways?
by jsherk
Sun Sep 25, 2016 4:40 pm
Forum: General Talk
Topic: Can you request disclosure before Early Resolution?
Replies: 14
Views: 6821

Re: Can you request disclosure before Early Resolution?

You can request disclosure anytime, but the prosecutor does not have to have it for you at the early resolution meeting. They may have it or they may not. They only have to have it for you by the trial.
by jsherk
Sun Sep 25, 2016 4:37 pm
Forum: General Talk
Topic: Requirement to provide three copies of case law for a motion
Replies: 16
Views: 6981

Re: Requirement to provide three copies of case law for a mo

If you want to see it yourself, research it yourself...you cannot go into court and expect the prosecutor or the JP to educate you...

If the prosecutor is going to tell me I have to do something and then says "its the law", I am going to ask them about it every time!

And the fact that the JP agreed there was no law tells me the prosecutor is ...
by jsherk
Sun Sep 25, 2016 9:19 am
Forum: General Talk
Topic: Failure present a licnese
Replies: 3
Views: 1845

Re: Failure present a licnese

No. You only request disclosure if you ask for a trial. The prosecutor may or may not have it at an early resolution meeting. I suppose you could ask for them to get it for that meeting, but they do not have to have it.
by jsherk
Sun Sep 25, 2016 9:16 am
Forum: Hand-held devices
Topic: Questions regarding HTA 78 & 78.1
Replies: 5
Views: 8868

Re: Questions regarding HTA 78 & 78.1

Oh yes, I did not read that correct...
Second, I was pulled over for Unnecessary Noise (loud music, verbal warning), and the officer told me that my car radio (factory) was illegal because the screen was too big. Only topic I can see covering that is

So unnecessary noise and the screen size are obviously completely seperate issues. There is more ...
by jsherk
Sat Sep 24, 2016 10:48 pm
Forum: Hand-held devices
Topic: Questions regarding HTA 78 & 78.1
Replies: 5
Views: 8868

Re: Questions regarding HTA 78 & 78.1

Regulation 366/09 of Ontario HTA says: https://www.ontario.ca/laws/regulation/090366
Exemption for pressing buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if ...
by jsherk
Sat Sep 24, 2016 10:42 pm
Forum: General Talk
Topic: Failure present a licnese
Replies: 3
Views: 1845

Re: Failure present a licnese

Plead not guilty and request a trial with the officer present. Once you get notice of trial, request disclosure (officers notes). Once you get the notes, blank out personal/offcier info and scan and post here for us to review.

On the trial date, bring your license, and I would show up and talk to prosecutor before hand. Most likely the prosecutor ...
by jsherk
Sat Sep 24, 2016 10:34 pm
Forum: Careless Driving
Topic: Careless Driving - Witness lives 700km away?
Replies: 13
Views: 7003

Re: Careless Driving - Witness lives 700km away?

Yes both the officer AND the witness MUST be at the trial in order for you to be convicted. If either is not there, then they must drop the charge.

If the other person is from the US, there is a good chance they will not show up to the trial, which means there is a good chance that the charge will get dropped.

I would plead Not Guilty and request ...
by jsherk
Sat Sep 24, 2016 10:29 pm
Forum: Hand-held devices
Topic: Early Resolution? Do they even care?
Replies: 7
Views: 6584

Re: Early Resolution? Do they even care?

I would choose the NOT GUILTY option and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes). Once you get the notes, blank out personal/officer info and post here so we can review.

You can always plead guilty and pay at anytime up to the trial without penalty. But you should ...
by jsherk
Fri Sep 23, 2016 1:29 pm
Forum: General Talk
Topic: Requirement to provide three copies of case law for a motion
Replies: 16
Views: 6981

Re: Requirement to provide three copies of case law for a mo

It would be a great appeal point if a JP denied hearing a motion because you did not have full copies of all the case law. Unless of course there is a law/rule/procedure somewhere that they can point to.

Anyways, I really have no problem providing copies, but if you are going to tell me "its the law" then I want to see it myself!
by jsherk
Fri Sep 23, 2016 12:32 pm
Forum: General Talk
Topic: Plugging My Cell Phone in at Stop Light
Replies: 29
Views: 9352

Re: Plugging My Cell Phone in at Stop Light

Yes definitely check that box now!
by jsherk
Fri Sep 23, 2016 12:31 pm
Forum: General Talk
Topic: Requirement to provide three copies of case law for a motion
Replies: 16
Views: 6981

Re: Requirement to provide three copies of case law for a mo

It may be common practice, but my question is where does it say you have to do it?
by jsherk
Thu Sep 22, 2016 7:19 pm
Forum: General Talk
Topic: Question about Red Light Camera on Highway 7 and Bathurst !
Replies: 29
Views: 9847

Re: Question about Red Light Camera on Highway 7 and Bathurs

If you do not pay then I believe you will not be able to renew your sticker.

The not-so-bad news about red light camera tickets is that it is against the owner of the vehicle and not the driver, so it can not be used against you to raise insurance.
by jsherk
Thu Sep 22, 2016 5:53 pm
Forum: General Talk
Topic: Requirement to provide three copies of case law for a motion
Replies: 16
Views: 6981

Requirement to provide three copies of case law for a motion

So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:

Prosecutor: " Do you have the case law? "
Me: " What do you mean? "
Prosecutor: " Do you have the case law for your motion ...
by jsherk
Thu Sep 22, 2016 4:06 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45895

Re: Radar Manual- No tuning forks and No tracking history

I am talking about Ontario Court of Appeal, not Supreme Court.