Search found 1722 matches

by jsherk
Fri Sep 02, 2016 3:53 pm
Forum: General Talk
Topic: Catching a break?
Replies: 53
Views: 13831

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: 4168

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: 8224

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: 8224

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: 15074

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: 2703

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: 2703

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: 8224

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: 8224

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: 33141

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: 13831

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: 13831

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: 13831

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: 3990

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: 13831

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.