Search found 1722 matches

by jsherk
Tue Sep 13, 2016 8:11 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure/Insurance question for 49 over reduced to 29 tick
Replies: 4
Views: 2845

Re: Disclosure/Insurance question for 49 over reduced to 29

Yes. You can also ask to reschedule if they gave you disclosure, but it was within less than two weeks of the trial date as this does not give you enough time to prepare.
by jsherk
Mon Sep 12, 2016 6:22 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Disobey Sign - Fail to Stop
Replies: 4
Views: 3295

Re: Disobey Sign - Fail to Stop

Pictures will be the key.

You need to print out three copies of each pic with date/time stamps on them, from some place like WalMart.

Did you take any pictures right after the incident? These will be the most powerful ones.

I would plead not guilty and request a trial and then once you get notice of trial, you can request disclosure (officers ...
by jsherk
Mon Sep 12, 2016 6:17 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Disclosure/Insurance question for 49 over reduced to 29 tick
Replies: 4
Views: 2845

Re: Disclosure/Insurance question for 49 over reduced to 29

1. If it is the first trial, then filling for a stay is a waste of time. They will simply reschedule a new trial date and tell prosecutor to get it to you before then.

2. You just need to make notes of date/time you called or emailed in to check if it was ready. They have no obligtion to tell you it is ready. It is up to you to keep checking.

3 ...
by jsherk
Sun Sep 11, 2016 9:25 pm
Forum: Failing to yield the right-of-way
Topic: Joint statements and no accident investigation
Replies: 3
Views: 2638

Re: Joint statements and no accident investigation

Always worth disputing every ticket in my opinion. Plead not guilty and request a trial. Once you get notice of trial, request copy of officer notes and a copy of all witness statements and any will-say statements.

The officer is not required to know how many demerits a charge carries... that is the MTO's job to decide that.

Not sure about the ...
by jsherk
Sat Sep 10, 2016 10:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: T-boned at all way stop intersection, I was given a ticket
Replies: 19
Views: 7226

Re: T-boned at all way stop intersection, I was given a tick

I would send the diagram to your insurance company and ask them to reconsider. They may or they may not. But for trial, yes I think it is very helpful.

You do not need to tell them you are bringing your girlfriend as a witness unless they ask.

The other driver MUST be at the trial to testify against you since the officer did not see the accident ...
by jsherk
Sat Sep 10, 2016 2:18 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: T-boned at all way stop intersection, I was given a ticket
Replies: 19
Views: 7226

Re: T-boned at all way stop intersection, I was given a tick

If the police did not witness the accident themselves , then in order to be convicted at trial for the charge the prosecutor will need (1) the police officer that charged you, AND (2) a witness that SAW what happened (usually the other driver). If the police officer shows up to trial but no witness, then they must drop the charge.

And given the ...
by jsherk
Fri Sep 09, 2016 11:41 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: T-boned at all way stop intersection, I was given a ticket
Replies: 19
Views: 7226

Re: T-boned at all way stop intersection, I was given a tick

In my opinion a person sitting in the car is just as much as valid witness as somebody standing on the sidewalk.
by jsherk
Fri Sep 09, 2016 7:36 am
Forum: Failing to report a collision to a police officer
Topic: Reporting questions
Replies: 2
Views: 3137

Re: Reporting questions

Careless driving does include driving without due care and attention so a momentary lapse in attention causing a collision is careless driving

I disagree... a momentary lapse in attention is not necessarily careless:

R. v. Richards, 2009 ONCJ 651 it was stated that:

[16] In R. v. Beauchamp (1953), 16 C.R. 270, the Ontario Court of Appeal ...
by jsherk
Fri Sep 09, 2016 7:17 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: T-boned at all way stop intersection, I was given a ticket
Replies: 19
Views: 7226

Re: T-boned at all way stop intersection, I was given a tick

Why would the officer say there was no witness when you say your girlfriend was in the car with you? I assume he did not talk to her then.

But anyways, yes your girlfriend can testify. But you only want her to testify if what she saw was that (1) you came to complete stop, and (2) you arrived at stop sign before other car, and (3) you proceeded as ...
by jsherk
Thu Sep 08, 2016 1:33 pm
Forum: General Talk
Topic: Missing Sign Posted (Northbound) yet showing Southbound.
Replies: 18
Views: 6805

Re: Missing Sign Posted (Northbound) yet showing Southbound.

Congratualtions on winning!

What the law says is that it is ASSUMED the posted speed limit sign is correct UNLESS you can prove otherwise.

So if there is NO by-law at all, then the speed of the road is assumed to be either 50 or 80, and a sign showing either 50 or 80 would be correct. A sign showing something other than 50 or 80 would be ...
by jsherk
Wed Sep 07, 2016 8:40 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: Hello Friends I need your help.
Replies: 8
Views: 3187

Re: Hello Friends I need your help.

50 or more over is a SERIOUS offence for insurance purposes (as it is racing/stunt driving).

Speeding at 49 over is only a MINOR offence for insurance purposes. I would do early resolution and ask prosecutor if they will drop to Speeding 49 over and then take that.
by jsherk
Wed Sep 07, 2016 1:48 pm
Forum: General Talk
Topic: Can an unlicensed/uninsured car be towed by another car?
Replies: 9
Views: 10921

Re: Can an unlicensed/uninsured car be towed by another car?

You can go get temporary permit I think from MTO.
by jsherk
Wed Sep 07, 2016 12:54 pm
Forum: General Talk
Topic: CARELESS driving charge , ALL wrong info on ticket.
Replies: 4
Views: 3221

Re: CARELESS driving charge , ALL wrong info on ticket.

Well if you really want the ticket, then go right ahead and tell them all about their mistakes.

If it was me, I would just keep it somewhere safe and if a conviction ever showed up on my record, then I can say that I never got a ticket and that I was only given a ticket for somebody else.
by jsherk
Wed Sep 07, 2016 12:25 pm
Forum: General Talk
Topic: CARELESS driving charge , ALL wrong info on ticket.
Replies: 4
Views: 3221

Re: CARELESS driving charge , ALL wrong info on ticket.

Well if EVERYTHING on it is wrong, including your name, then the ticket actually is not for you and you do not have to respond to it at all.
by jsherk
Wed Sep 07, 2016 11:46 am
Forum: Careless Driving
Topic: Prep for early resolution meeting
Replies: 14
Views: 22141

Re: Prep for early resolution meeting

The prosecutor will have some idea of the what happened but may or may not have the full officers notes yet. You will not get disclosure before the early resolution meeting.

Each insurance company is different, so you have to ask about all that forgiveness stuff. You had an accident and a claim so that may be what is forgiven. The conviction on ...