Search found 1722 matches

by jsherk
Wed Sep 07, 2016 7:53 am
Forum: Careless Driving
Topic: Prep for early resolution meeting
Replies: 14
Views: 22705

Re: Prep for early resolution meeting

Most likely the early resolution meeting will involve the prosecutor not wanting to hear any of your arguments... that is what trial is for.

The prosecutor may just offer you a plea deal right away, knowing that careless drinving is actually hard for them to prove. Or the prosecutor might just say they have no intention of offering you a plea deal ...
by jsherk
Wed Sep 07, 2016 7:41 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failing stop sign yet no location on ticket?
Replies: 4
Views: 3009

Re: Failing stop sign yet no location on ticket?

Can you scan the ticket (black out personal info and officer info) and post?

If there is no location at all, then it is a fatal error.

If it is a fatal error thenyou must NOT respond to the ticket at all. Keep the ticket safe so if JP makes mistake and you are convicted anyways, you can take it an appeal and show appeal judge there was no ...
by jsherk
Tue Sep 06, 2016 9:24 pm
Forum: Summon
Topic: Urgent - Illegal Stop & Arrest On Private Property
Replies: 25
Views: 13547

Re: Urgent - Illegal Stop & Arrest On Private Property

I just quickly read thru R v Tresham and here are my thoughts (well more questions than thoughts)...

1) I am not sure I 100% agree with your earlier statement that the case is saying the HTA only applies on highways. Again just a first quick read does not necessarily give me that impression. Lots of nuances when reading and presenting case law ...
by jsherk
Tue Sep 06, 2016 8:53 pm
Forum: Summon
Topic: Urgent - Illegal Stop & Arrest On Private Property
Replies: 25
Views: 13547

Re: Urgent - Illegal Stop & Arrest On Private Property

+1 for R. v. Tresham - I have not dealt with a situation like this before, so will be interesting to follow. You may not even have to testify... in cross-examination if you ask the officer if he saw you arrive or saw you drive on the highway, then most likely he will have to say no. Then you provide case law, and then there are no grounds for the ...
by jsherk
Tue Sep 06, 2016 7:24 pm
Forum: Summon
Topic: Urgent - Illegal Stop & Arrest On Private Property
Replies: 25
Views: 13547

Re: Urgent - Illegal Stop & Arrest On Private Property

I totally agree that tickets like this on private property should not stand. But you will need to fight for that hard, as it will not be an easy one to win. Would love to see all your arguments and case law you will be using!

Were the plates on the vehicle the correct plates for that vehicle?

So just the sticker was the wrong one and not for ...
by jsherk
Tue Sep 06, 2016 6:00 pm
Forum: Summon
Topic: Urgent - Illegal Stop & Arrest On Private Property
Replies: 25
Views: 13547

Re: Urgent - Illegal Stop & Arrest On Private Property

Okay well I guess you can be arrested for 12(1) !!!
by jsherk
Tue Sep 06, 2016 5:41 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 112 Reduced to 104Km/h in a 80km Zone
Replies: 3
Views: 2778

Re: 112 Reduced to 104Km/h in a 80km Zone

So first of all remember that if you were going even 81km/h then you do NOT want to take the witness stand and do NOT want to testify against yourself. You only want to take the stand and give testimony if you can honestly say you were not speeding at all. So given that you are probably not going to testify, one way you can win this is by cross ...
by jsherk
Tue Sep 06, 2016 5:29 pm
Forum: Summon
Topic: Urgent - Illegal Stop & Arrest On Private Property
Replies: 25
Views: 13547

Re: Urgent - Illegal Stop & Arrest On Private Property

So I am confused...

Were you actually arrested (put in back of cruiser and taken to station)?
What was the specific charge you were arreted for?
I do not see how you can arrested for 12(1)(a) under the HTA!

However (although I disagree with this) 12(1)(a) does not require you to be driving on a public road/highway. If you put the wrong plate on ...
by jsherk
Tue Sep 06, 2016 3:38 pm
Forum: Parking Tickets
Topic: handicapped parking issue
Replies: 3
Views: 3848

Re: handicapped parking issue

I would do the following:

(1) Plead not guilty and request a trial.

(2) Immediately go to your doctor and get your own handicap permit.

(3) On the trial date, go with your husband and talk to the prosecutor before the trial. Tell him you both thought you could park on your husbands permit and when you found out you could not, you immediately ...
by jsherk
Mon Sep 05, 2016 6:13 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 17140

Re: Catching a break?

I would absolutely use all your arguments and questions, but be prepared to lose as Justice of the Peace's tend to say: "if the officer says he is trained and that it passed the test then that is all that matters".

However it will all have a better chance of working at an appeal with a real Judge, so this is all good ground work for the appeal ...
by jsherk
Sun Sep 04, 2016 8:39 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Analyzing video evidence
Replies: 10
Views: 4372

Re: Analyzing video evidence

[Am I allowed to comment on the video on the witness stand? I've been reading about rules for presenting evidence, including how a witness's testimony about information gathered by someone else would be considered hearsay.
Somebody else will have to answer this as I am not sure. However when playing the video to the officer, just make sure to ...
by jsherk
Sat Sep 03, 2016 11:42 am
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 there was no amber light, then clearly you had no warning that it was going to change to red and could not slow down. This is also very dangerous as this is not how lights are supposed to operate.

I would fight the ticket and take the video with you to court. Make sure you put the video on an external USB stick and bring a laptop that it will ...
by jsherk
Fri Sep 02, 2016 11:23 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Analyzing video evidence
Replies: 10
Views: 4372

Re: Analyzing video evidence

If he gave me the wrong charge according to the video, doesn't that mean the charge is not valid?
Yes that is correct. But that is why you need to testify AND you need the video in order to prove it.

How formal does the letter to the clerk and prosecutor need to be?
Not very... just say exactly what you want. The clerk is reached thru the ...
by jsherk
Fri Sep 02, 2016 5:09 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

So does your video show the light changing directly from a green light to red light with no amber light?

For red light camera tickets, it is the OWNER of the vehicle that is charged not the driver, so there are no demerits and no insurance increase.
by jsherk
Fri Sep 02, 2016 3:58 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Analyzing video evidence
Replies: 10
Views: 4372

Re: Analyzing video evidence

If you are only "pretty sure", then that is what you should say on the witness stand. Never lie to police and never lie when on the witness stand.
by jsherk
Fri Sep 02, 2016 3:53 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 17140

Re: Catching a break?

1) Cross-examination is tricky. You are probably correct that JP will side with officer on this. However if you just ask the officer what he meant by it, then he will explain what he meant and that will help the prosecution and not you. I am not sure exactly how I would approach this myself. It might be useful, but it would be very hard to cross ...
by jsherk
Fri Sep 02, 2016 9:24 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Analyzing video evidence
Replies: 10
Views: 4372

Re: Analyzing video evidence

(1) and (2) : yes these are good defenses. if you entered the intersection on an amber light before it turned red, then the charge he gave you is the wrong one and should be dropped.

(3) : no this will not help you at all.

(4) : the two charges are the same fine and same demerits but are not the same charge. So if you entered the intersection ...
by jsherk
Fri Sep 02, 2016 8:44 am
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9690

Re: No full disclosure provided after 2 court appearance

Same argument round and round... If they were actually charging people with real crimes or things that were actually unsafe, then that would be one thing. But when the majority of provincial offences are paperwork crimes or pre-crime then those are not really crimes at all, and are simply revenue generation.

The concept of innocent until proven ...
by jsherk
Thu Sep 01, 2016 9:58 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9690

Re: No full disclosure provided after 2 court appearance

Its the government that is wasting the taxpayers money, not those that are standing up to fight for their rights (innocent until proven guilty, right to a fair trial).
by jsherk
Thu Sep 01, 2016 9:26 pm
Forum: General Talk
Topic: Court date - How to tell if Officer is in court?
Replies: 18
Views: 21410

Re: Court date - How to tell if Officer is in court?

It does not matter whether you did it or not... it is our right in this country to be considered innocent and make them prove it in court. More people should stand up for their rights and fight every ticket they get.

Requesting a translator when you do not need it is NOT the cause of our higher taxes. Government at all levels is already ripping us ...
by jsherk
Thu Sep 01, 2016 5:13 pm
Forum: Careless Driving
Topic: What if cop shows up but witnesses don't
Replies: 4
Views: 2878

Re: What if cop shows up but witnesses don't

Do NOT call them... you can get chraged for that!

If they both do not show up then yes plead not guilty for sure. If the prosecutor tries to set another date, object and say this is the day you were scheduled to be there and you took time off work and it is not your problem if the prosecutions witnesses do not show up.

If the officer starts to ...
by jsherk
Thu Sep 01, 2016 2:07 pm
Forum: Careless Driving
Topic: What if cop shows up but witnesses don't
Replies: 4
Views: 2878

Re: What if cop shows up but witnesses don't

Witnesses must show up to testify. An email is not worth anything.
by jsherk
Thu Sep 01, 2016 1:11 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9690

Re: No full disclosure provided after 2 court appearance

There will probably be an increase in insurance that will cost more than the trsanscripts. And yes true, there is never a guanrantee. But win or lose, I always look at it as "investing in my legal education".
by jsherk
Wed Aug 31, 2016 7:38 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9690

Re: No full disclosure provided after 2 court appearance

Yes I think JP needs previous transcripts in order to calculate the time and make sure that it took too long.

You can still file another 11b for the next court appearance, you just need the transcripts from all previous appearances and the one you just had.

This will help your 11b though since the delay is again because the prosecution only ...
by jsherk
Wed Aug 31, 2016 7:28 pm
Forum: General Talk
Topic: Radar Manual- No tuning forks and No tracking history
Replies: 84
Views: 45896

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

I hope the JP finds me guilty just so we can go to appeal.

Yes exactly... sometimes you want them to mess up so you can take it to appeal to get a point made at that level of court. However if prosecutor is smart and sees what you are doing and thinks there is a chance you might win on appeal, then they will not fight the appeal and just allow ...
by jsherk
Tue Aug 30, 2016 4:09 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 17140

Re: Catching a break?

For provincial offences, the defendant never has to show up, so you can represent her even if she is never there.
by jsherk
Tue Aug 30, 2016 3:11 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 17140

Re: Catching a break?

If you go to trial and lose, then the charge will be raised back up to 32 over instead of 15 over. Although 15 over is 0 demerits, it has the exact same affect against insurance as the 32 over with 4 demerits.

The Certificate of Offence was most likely filed within the 7 days, as the clerk is not supposed to proceed with a Notice of Trial if it is ...
by jsherk
Mon Aug 29, 2016 7:10 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 17140

Re: Catching a break?

Usually if you try to get an adjournment, they will tell you that you have to show up on the trial date anyways to do it.
by jsherk
Mon Aug 29, 2016 2:33 pm
Forum: Driving While Suspended
Topic: Driving While Suspended
Replies: 8
Views: 4355

Re: Driving While Suspended

I think insurance companies are only allowed to use last 3 years convictions to affect rates.
by jsherk
Mon Aug 29, 2016 12:48 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 17140

Re: Catching a break?

Two weeks before the trial, make a phone call and ask if it is ready. I would suggest that if you get it less than two weeks from the trial date, this is a good argument to adjourn it to a new date because you have not had sufficient time to prepare.