Search found 1722 matches

by jsherk
Thu Jul 28, 2016 2:06 pm
Forum: General Talk
Topic: 115 On Highway 401
Replies: 12
Views: 4151

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: 4151

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: 38493

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: 13605

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: 38493

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: 5264

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: 38493

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: 13605

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: 5485

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: 2014

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: 38493

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: 3720

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: 38493

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: 4162

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: 12454

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 ...
by jsherk
Sat Jul 23, 2016 1:00 am
Forum: Stunt Driving
Topic: 147 in a 90 advice
Replies: 13
Views: 4162

Re: 147 in a 90 advice

I went with a friend to a first summons date for three traffic violations and they offered plea deal to drop two of the charges if he plead guilty to the third one.

So if you need a paralegal in the future, you probably dont want to use that one!
by jsherk
Sat Jul 23, 2016 12:56 am
Forum: Red Light Camera Ticket
Topic: Redlightcamera: light was only red for 000.5 seconds
Replies: 18
Views: 21147

Re: Redlightcamera: light was only red for 000.5 seconds

No harm, no injury, no damage = no crime ...

Rolling a stop sign or red light may violate a statute, but that does mean it was unsafe!

I really hate laws that purport to be about safety, but there is no obligation on the prosecution to prove that it was unsafe. It is all about $$$ for sure.
by jsherk
Fri Jul 22, 2016 5:07 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 137 km/h in a 100 km/h - Chatham-Kent (Blenheim) - 1st Tic
Replies: 1
Views: 2481

Re: 137 km/h in a 100 km/h - Chatham-Kent (Blenheim) - 1st T

In Ontario there is pretty much a slim-to-none chance of them changing the charge to something else.

Check ticket for fatal errors and then post once you get disclosure.
by jsherk
Fri Jul 22, 2016 5:01 pm
Forum: General Talk
Topic: Representing a friend, neighbor, family member or yourself
Replies: 13
Views: 12454

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

Sorry I meant mother not wife.
by jsherk
Fri Jul 22, 2016 11:16 am
Forum: General Talk
Topic: Representing a friend, neighbor, family member or yourself
Replies: 13
Views: 12454

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

I am confused. Who contacted your wife?

Did the police contact your wife?

Did your insurance company contact your wife?

Did a lawyer for the person on the bike contact your wife?
by jsherk
Thu Jul 21, 2016 1:10 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9694

Re: No full disclosure provided after 2 court appearance

The person that works the desk at the office is just an office worker. Sometimes they are extremely helpful and sometimes they are extremely unhelpful.

The "prosecutor" (not the persecutor) is the lawyer that stands up in court to argue against you.

The "clerk of the court" is the person in court that does the recording and reads the charges out.
by jsherk
Wed Jul 20, 2016 3:23 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 13328

Re: Disobey Sign: Illegal Right Turn

Well that is good that you got it dropped to TMC charge.

Maybe check your driving record in 1 or 2 months and let us know what, if anything, appears on it. Will interesting to see.
by jsherk
Wed Jul 20, 2016 11:43 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Contravention of Conditions
Replies: 3
Views: 4251

Re: Contravention of Conditions

Yes if it is early resolution, then just take proof of your eye test and proof condition was lifted and hopefully prosecutor is in a good mood and will drop it.
by jsherk
Wed Jul 20, 2016 10:53 am
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9694

Re: No full disclosure provided after 2 court appearance

Now the only other consideration is the dates that the trials were set...

So, as an example, let's say at the first trial was Aug 1, 2015 and at this trial you were offered a new date of Oct 1, 2015 but then YOU said I can not do that, how about Nov 1, 2015. In this case the delay from Aug 1 to Oct 1 would be counted but the delay from Oct 1 to ...
by jsherk
Wed Jul 20, 2016 10:48 am
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9694

Re: No full disclosure provided after 2 court appearance

So yes it sounds like an 11B would be succesful.

You only have 16 days until trial, and you need to file it 15 days before trial. This means that you MUST file no later than tomorrow (by about 3pm to be safe), and the only way you can do this is the FAX method because if you send it registered mail to attorney generals office then they are not ...
by jsherk
Wed Jul 20, 2016 9:00 am
Forum: Other Ontario Provincial Acts Related to Traffic
Topic: Contravention of Conditions
Replies: 3
Views: 4251

Re: Contravention of Conditions

Did the ticket say "NOTICE OF OFFENCE" on it or did it say "SUMMONS"?

When you say "first appearance" do you mean you chose the NOT GUILTY option and requested a trial?
by jsherk
Tue Jul 19, 2016 9:21 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9694

Re: No full disclosure provided after 2 court appearance

What was the date you requested a trial... the count does not start until you ask for trial, so if you did early resolution first then that does not count.

What is the date of your next court date?

And can you confirm that the first two trials where adjourned because of failure to have disclosure?
by jsherk
Tue Jul 19, 2016 2:29 pm
Forum: Failing to obey signs
Topic: Disobey Stop Sign - Fatal Error
Replies: 4
Views: 3406

Re: Disobey Stop Sign - Fatal Error

I think somebody else posted in the forum earlier today as well with the wrong section number.

Anyways it seems like the section is not even close, so I would do the force a fatal error thing by not responding and then if it gets dropped great, and if convicted then appeal it.

Was probably supposed to be 136(1)(a)

Stop at through highway
136. (1 ...
by jsherk
Tue Jul 19, 2016 2:26 pm
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 9694

Re: No full disclosure provided after 2 court appearance

No I am still talking about the section 7 not the 11b. An 11b is charter motion for unreasonable delay (right to speedy trial), meaning your trial took more than 10 months.

I have not filed a section 7 motion before. All I can suggest is that you look at the 11b motion and sort of use that as a guideline on how to do the section 7 one.
by jsherk
Tue Jul 19, 2016 2:20 pm
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 12379

Re: Form 4 Offence Notice - content

:D