Search found 1722 matches

by jsherk
Mon Aug 15, 2016 2:16 am
Forum: General Talk
Topic: ATV 20km/h speed limit ticket, implications?
Replies: 11
Views: 4212

Re: ATV 20km/h speed limit ticket, implications?

The charge is going more than 20km/h in a posted 50km/h zone, whether you were going 21km/h or 99km/h it is the same. Stunt only applies to going 50 more than than the POSTED limit. So you would need to be going 100+ for stunt to apply.
by jsherk
Sun Aug 14, 2016 8:14 pm
Forum: General Talk
Topic: ATV 20km/h speed limit ticket, implications?
Replies: 11
Views: 4212

Re: ATV 20km/h speed limit ticket, implications?

Can you be specific about the charge you got? Exactly how does it read on the ticket and exactly what section does it reference? Can you scan and post the ticket (blank out personal details and officer name/badge).
by jsherk
Sun Aug 14, 2016 1:37 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: If/when do I have to disclose my evidence for a trial?
Replies: 7
Views: 3335

Re: If/when do I have to disclose my evidence for a trial?

You will not be able to get the published media entered into evidence without the original author being there to be a witness. However you could just bring the published media and then ask the officer to read what he supposedly stated and then ask him if he said that. If he says yes, then you get what you need without having to put it into evidence ...
by jsherk
Sun Aug 14, 2016 11:00 am
Forum: Hand-held devices
Topic: ticket 78.1(1)
Replies: 5
Views: 5359

Re: ticket 78.1(1)

The section reads:
Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

You don ...
by jsherk
Sun Aug 14, 2016 9:08 am
Forum: General Talk
Topic: Failure to Stop for Emergency Vehicle
Replies: 26
Views: 11574

Re: Failure to Stop for Emergency Vehicle

Only guilty because he pleaded guilty. Otherwise innocent until proven guilty. So always plead not guilty and make them prove it.

I think 8 seconds is not an unreasonable time to give somebody to pull over, and then pulling onto a side street to get out of busy traffic is also not an unreasonable thing to do. If all charges had gone to trial, this ...
by jsherk
Sun Aug 14, 2016 8:37 am
Forum: General Talk
Topic: Officer did not file my ticket within 7 days
Replies: 7
Views: 10002

Re: Officer did not file my ticket within 7 days

You have 15 days to file YOUR copy of the ticket (called the Notice of Offence), otherwise you will just be automatically found guilty.

The officer has 7 days to file their original copy of the ticket (called the Certificate of Offence).

So what do you have with a date stamp on it? Your ticket (notice of offence) or the officers original ...
by jsherk
Sun Aug 14, 2016 8:32 am
Forum: General Talk
Topic: Failure to Stop for Emergency Vehicle
Replies: 26
Views: 11574

Re: Failure to Stop for Emergency Vehicle

Our great canadian system of un-justice does not care about your intentions and there is nothing you can do about it now.

Lesson for you to learn... If you are not guilty of something, then don't plead guilty to it.
by jsherk
Sun Aug 14, 2016 7:42 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: If/when do I have to disclose my evidence for a trial?
Replies: 7
Views: 3335

Re: If/when do I have to disclose my evidence for a trial?

What is the specific evidence that you want to introduce?

Having something "entered as evidence" and "bringing it up during the trial" are two different things. It does not have to be entered as evidence to use it.

For example, I can have an officer read out of a radar manual on the stand, but I do not have to enter the manual into evidence.
by jsherk
Sun Aug 14, 2016 7:35 am
Forum: General Talk
Topic: Officer did not file my ticket within 7 days
Replies: 7
Views: 10002

Re: Officer did not file my ticket within 7 days

The filing date will be stamped on the original Certificate of Offence that the officer filed with the court, not on your ticket.

When you show up for trial, you can go up to the clerk before the trial starts and ask them to show you the filing the date on the original.

If it is indeed 10 days after the ticket was issued, then you can ask the ...
by jsherk
Sat Aug 13, 2016 10:53 pm
Forum: General Talk
Topic: Failure to Stop for Emergency Vehicle
Replies: 26
Views: 11574

Re: Failure to Stop for Emergency Vehicle

Insurance companies rate tickets in one of three categories: Minor, Major & Serious.

I have not looked into it myself, but it sounds like you are saying the Failure To Stop is a Major. Basically you pleaded guilty to it, so there is nothing you can do now. As you can see, sometimes it is better to have several minor offences than even one major ...
by jsherk
Thu Aug 11, 2016 11:13 am
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16691

Re: Fail to report - advice needed

Okay well the home owners testimony is good for you then...
Some good cross-exam questions might be: "So you did not actually see any vehicle hit the transformer?" and "You just heard a noise?" and "Did you go look at the transformer to see how much damage there was or how much it was moved?" and "You did not see the driver or get a licens plate ...
by jsherk
Thu Aug 11, 2016 10:20 am
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16691

Re: Fail to report - advice needed

You can try to argue against an adjournment, but most likely you won't be succesful. I would suggest that you DO argue against it, that way the delay fully counts against the prosecutor and not you.

The home owner is the one that reported it, so they will be asked what they saw and when they saw it. Did you get their witness statement in the ...
by jsherk
Tue Aug 09, 2016 2:37 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Strange 159(3)
Replies: 14
Views: 8807

Re: Strange 159(3)

Yes that sounds like you should be able to apply for 11b and succeed.
by jsherk
Tue Aug 09, 2016 10:06 am
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16691

Re: Fail to report - advice needed

When you arrive at court, you can go up to the clerk before trial starts and ask to see the original Certificate of Offence and they will show it to you. They should probably have the ticket that she mailed in as well so you can compare that they are the same.
by jsherk
Tue Aug 09, 2016 9:15 am
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16691

Re: Fail to report - advice needed

You can go to the Provincial Offences office and ask for a copy of the Notice of Offence (her copy of ticket) and also ask for a copy of the Certificate of Offence (original that police officer filed).

I am still a little confused about the 199(1) and the 199(3) you are mentioning above. If what the officer wrote on the ticket applies to 199(3 ...
by jsherk
Tue Aug 09, 2016 9:10 am
Forum: Parking Tickets
Topic: Parked in a designated fire route, but not a real fire route
Replies: 7
Views: 8673

Re: Parked in a designated fire route, but not a real fire r

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

I am interested to see if it is private ticket from condo or from city bylaw.
by jsherk
Mon Aug 08, 2016 9:12 pm
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16691

Re: Fail to report - advice needed

What is the exact section she was charged under? You said 199.1 above but that is IRREPARBLE VEHICLES. Did you mean 199.(1) which is different from 199.1

In 199.(1) there is no reference to highway anywhere... just that if there is an accident, you have to report it, so Section 201 thing is irrelevent. 199.(1) is probably the correct charge.

NOTE ...
by jsherk
Mon Aug 08, 2016 6:10 pm
Forum: Failing to report a collision to a police officer
Topic: Fail to report - advice needed
Replies: 22
Views: 16691

Re: Fail to report - advice needed

As I always say, NEVER talk to police... they are not your friend... you do not have to answer any questions they ask (other than name/address/dob if actually being charged with something). But that is for another post...

1. Since the only witness to the actual collision was the driver, is it possible to get her statement dismissed? Without that ...
by jsherk
Fri Aug 05, 2016 9:14 pm
Forum: Red Light Camera Ticket
Topic: Red light turn no camera
Replies: 1
Views: 3278

Re: Red light turn no camera

It is not clear if you are saying you did or did not get a copy of officers notes?

Where does it say "no evidence in notebook"?

Can you scan and blank out any personal or officer information on whatever you have and post here?
by jsherk
Fri Aug 05, 2016 9:10 pm
Forum: General Talk
Topic: Unpaid Fine - How long until suspension?
Replies: 5
Views: 5270

Re: Unpaid Fine - How long until suspension?

Well with everthing being automated no a days, it could be an immediate thing. And if your license was suspended, then you will also need to attend at the MTO to pay a suspension re-instatement fee as well. But it will take a few days for your payment to show up in the MTO system.
by jsherk
Fri Aug 05, 2016 10:13 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, reduced to 115 in 100 zone
Replies: 7
Views: 4301

Re: First ticket, reduced to 115 in 100 zone

The copy of the ticket you get is called the Notice of Offence. The original that the officer files with the court is called the Certificate of Offence.

My opinion is that, yes your ticket (the notice of offence) must also be signed.


PROVINCIAL OFFENCES ACT
PART I
COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE

Certificate of offence and ...
by jsherk
Fri Aug 05, 2016 10:00 am
Forum: General Talk
Topic: What would you do? Is there any legal course of action?
Replies: 3
Views: 2143

Re: What would you do? Is there any legal course of action?

(1) get a dashcam.

(2) in ontario, I if the other person is 100% at fault (which he would have been in this case), then it will NOT cause your insurance to go up and you do NOT have to pay any deductible.

(3) they can still be charged, even if it is on private property.
by jsherk
Thu Aug 04, 2016 9:58 pm
Forum: Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Topic: Strange 159(3)
Replies: 14
Views: 8807

Re: Strange 159(3)

Most likely they will have it for on the day of trial. You can still say you just got it that day so have not had time to prepare and need another date.

If they do not have it, then you can ask JP to order them to get it for you. No, you do not need to file it again, although I would send a reminder anyways and keep on file that you sent it.
by jsherk
Wed Aug 03, 2016 8:51 pm
Forum: General Talk
Topic: Need bylaw for 50km/h speed sign in not built up area?
Replies: 2
Views: 2201

Need bylaw for 50km/h speed sign in not built up area?

Just ouf of curiosity, does a municipality need a bylaw in order to post a 50km/h speed limit sign on a stretch of road that is NOT within a built-up area?

128. (1) No person shall drive a motor vehicle at a rate of speed greater than,
(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;
(b) despite clause ...
by jsherk
Wed Aug 03, 2016 8:41 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, 70 km in 50 zone - need advice!
Replies: 9
Views: 4105

Re: First ticket, 70 km in 50 zone - need advice!

30 over is 4 points but 20 over is still 3 points. How many points do you have because of accident?
by jsherk
Tue Aug 02, 2016 10:20 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding 29 over limit
Replies: 11
Views: 5146

Re: Speeding 29 over limit

I would send another request asking for everything again that you did not receive. And definitely include a request for a typed copy of the officers notes as it is very hard to read and also ask for an explanation of all short hands used.

I really can't make out most of it, so can not comment on how I would defend it.

However here is something ...
by jsherk
Tue Aug 02, 2016 7:13 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, 70 km in 50 zone - need advice!
Replies: 9
Views: 4105

Re: First ticket, 70 km in 50 zone - need advice!

You have nothing to lose by pleading Not Guilty, requesting a trial and requesting disclosure, as you can still plead guilty and pay the ticket anytime up to the trial. You have everything to gain because the officers notes contain what they will testify, and if something is missing in their notes, you might be able to get the charge dropped.

The ...
by jsherk
Tue Aug 02, 2016 1:48 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket, 70 km in 50 zone - need advice!
Replies: 9
Views: 4105

Re: First ticket, 70 km in 50 zone - need advice!

I suggest everybody should always try and fight their tickets. Speeding at 30 over or 20 over are both MINOR offences per insurance and would affect it identically, so they could cause an additional increase in premiums (5% to 10% maybe).

As a G2 driver, how many demerits do you need before you get a license suspension? And how many demerits do ...
by jsherk
Mon Aug 01, 2016 1:35 am
Forum: General Talk
Topic: unpaid traffic tickets after 40 years....
Replies: 5
Views: 2850

Re: unpaid traffic tickets after 40 years....

Only one way to find out... go to MTO office with European drivers license and say you want to swap it for Ontario license. If there is anything in the system, they will tell you.
by jsherk
Thu Jul 28, 2016 8:02 pm
Forum: Stunt Driving
Topic: 147 in a 90 advice
Replies: 13
Views: 4162

Re: 147 in a 90 advice

You can have a friend or family member go for you instead of hiring somebody. Just give them specific intructions and a signed letter saying they can represent them.