Search found 1722 matches

by jsherk
Thu Jul 28, 2016 2:06 pm
Forum: General Talk
Topic: 115 On Highway 401
Replies: 12
Views: 3929

Re: 115 On Highway 401

Early resolution means you are going to meet with the prosecutor and see if they will offer you some kind of plea deal. I highly doubt the prosecutor will offer you anything on a 15 over speeding ticket. My opinion is that early resolution is a waste of time and you should skip it and just go for the Not Guilty/Trial option. However if you do go to ...
by jsherk
Thu Jul 28, 2016 12:51 pm
Forum: General Talk
Topic: 115 On Highway 401
Replies: 12
Views: 3929

Re: 115 On Highway 401

He does not need to get you on radar. He can just testify to his own speed and that you were going the same or faster.

VEHICLE INSURANCE & DEMERITS
The effects of pleading guilty to a 0 demerit charge, can still cause your insurance rates to increase for 3 years. It is important to remember that insurance companies do NOT care about demerit points ...
by jsherk
Thu Jul 28, 2016 8:14 am
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 10983

Re: Stunt/Racing Charge

It would be on the back of your original ticket. Otherwise, google Provincial Offences Office in the municipality where the ticket was issued.
by jsherk
Wed Jul 27, 2016 9:16 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 10683

Re: Stopped for truck inspection, charter challenge 10 (b)?

I think that if the 11b would have been succesful then it will still be succesful, but I am not 100% sure.
by jsherk
Wed Jul 27, 2016 9:14 pm
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 10983

Re: Stunt/Racing Charge

It might be in your best interest to call Provincial Offences office and ask the status of the ticket. Then you will know for sure whether summons or warrant or whatever.
by jsherk
Wed Jul 27, 2016 10:01 am
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) Need Help
Replies: 12
Views: 4880

Re: Disobey Sign 182 (2) Need Help

Okay so it looks like the sign you disobeyed was the 50 km/h posted speed sign.

The dashcam video may show you going faster than everybody else, but it does not prove you were speeding, so whether they have it or not, is not a big issue.

When you request disclosure, you want to ask for a copy of the officers notes AND a copy of all records ...
by jsherk
Tue Jul 26, 2016 9:16 pm
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 10983

Re: Stunt/Racing Charge

First of all, when they are looking for you to serve you a summons is NOT the same thing as having a warrant out for your arrest so you should not worry too much. They just want to give you a ticket!

As far as service is concerned, you are right, mailing does not count:
A summons shall be served by a provincial offences officer by delivering it ...
by jsherk
Tue Jul 26, 2016 9:10 pm
Forum: General Talk
Topic: Stopped for truck inspection, charter challenge 10 (b)?
Replies: 32
Views: 10683

Re: Stopped for truck inspection, charter challenge 10 (b)?

I am thinking that the paralegal did NOT follow your intructions (file 11B) and pleaded without your consent. I would be asking for a re-opening of all the charges asap. There is a term for when your legal help messes up, but I do not know what it is. And also, you should not have to pay for them to do something that you did not ask them to do.

Of ...
by jsherk
Tue Jul 26, 2016 10:43 am
Forum: General Talk
Topic: Impact of new Supreme Court ruling regarding trial limits?
Replies: 13
Views: 5234

Re: Impact of new Supreme Court ruling regarding trial limit

Here is the case that explains the new rulling:
R. v. Jordan 2016 SCC 27
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do

And here is the following case that also applied the new ruling:
R. v. Williamson - 2016 SCC 28
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16060/index.do

So it is talking about a "presumptive ceiling" of ...
by jsherk
Tue Jul 26, 2016 10:33 am
Forum: General Talk
Topic: Have there been any changes to 11b charter challenges
Replies: 3
Views: 1805

Re: Have there been any changes to 11b charter challenges

It was discussed in this post:
http://www.ontariohighwaytrafficact.com/post41106.html

I left some new comments on the other thread, but my opinion is that the 18 month thing does not do away with the Provincial Offences 8 to 10 months, and you should still file your 11B.
by jsherk
Tue Jul 26, 2016 10:30 am
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 10983

Re: Stunt/Racing Charge

They can just mail you a copy of whatever they are trying to serve and it is conisdered served 7 days after they mail it.

That said, there is no requirement for you to answer the door when the police show up (unless they have a search warrant to search your home). You do not have to open the door. And even if you do open the door, you do not have ...
by jsherk
Mon Jul 25, 2016 12:53 pm
Forum: Courts and Procedure
Topic: Court date interferes with disclosure?
Replies: 5
Views: 3480

Re: Court date interferes with disclosure?

The courts have decide that the remedy for not providing disclosure is to set a new trial date and tell prosecutor to provide it. So filing a stay motion at your first trial date is pretty much useless as it will not be granted. Now if you get to your second trial date and they still don't have disclosure, then depending on the Justice of the Peace ...
by jsherk
Mon Jul 25, 2016 11:12 am
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 10983

Re: Stunt/Racing Charge

If your name was not on the docket, then there should not be a warrant. The officer was probably looking for you to serve a new summons/ticket.
by jsherk
Sat Jul 23, 2016 8:21 pm
Forum: Stunt Driving
Topic: 147 in a 90 advice
Replies: 13
Views: 3950

Re: 147 in a 90 advice

No better chance either way in my opinion.
by jsherk
Sat Jul 23, 2016 3:37 pm
Forum: General Talk
Topic: Representing a friend, neighbor, family member or yourself
Replies: 13
Views: 11980

Re: Representing a friend, neighbor, family member or yourse

Okay so I see my original thread got hijacked... but back to the original topic...

I asked the Law Society of Upper Canada about the definition of "practice law" and "provide legal services" and this is what I got back:

You are asking the Law Society for the definition of "practice law" and "provide legal services".

As you may know, The Law ...