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: 3854

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: 3854

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: 3087

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: 5183

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: 10251

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: 9610

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: 10251

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: 3087

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: 9610

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: 10251

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: 15127

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: 15127

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: 8505

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: 15127

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: 15127

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 ...