Search found 1722 matches

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: 5633

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: 6553

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: 5633

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: 1670

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: 8470

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: 8470

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: 1670

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: 6578

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: 6281

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: 5633

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: 8448

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: 5633

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: 8812

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: 5633

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: 33136

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

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