Search found 1722 matches

by jsherk
Tue Jul 19, 2016 11:57 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Wrong Address
Replies: 6
Views: 2842

Re: Wrong Address

I am not sure about the 11b as whether it would help that or not. Somebody with more experience with 11B's will have to answer that.
by jsherk
Tue Jul 19, 2016 11:54 am
Forum: General Talk
Topic: No full disclosure provided after 2 court appearance
Replies: 29
Views: 8225

Re: No full disclosure provided after 2 court appearance

You need to file a charter motion for a section 7 (not 11b). It must be filed at least 15 days before the trial date AND you must notify both the Ontario and Canadian Attorney General's office. Best way to do this (fastest and cheapest) is to fax it (use Staples if you don't have your own fax).

So if you have not received the video 3 weeks before ...
by jsherk
Tue Jul 19, 2016 10:34 am
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 10076

Re: Form 4 Offence Notice - content

I am all for police protecting us from crime and criminals. But when there is no harm, no injury or no damage then there is no crime and the police should not be involved.

If, for example, speeding laws are there to keep us safe, then why does the prosecution not have to prove the speeding was unsafe in order to get a conviction? Because it would ...
by jsherk
Tue Jul 19, 2016 9:32 am
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 10076

Re: Form 4 Offence Notice - content

The law says that if you lie to police you can be charged. However it is perfectly okay for them to lie to you. Different rules for different people... this is our great Canadian un-justice system at work!
by jsherk
Tue Jul 19, 2016 8:27 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Wrong Address
Replies: 6
Views: 2842

Re: Wrong Address

What you can do is send a fax to the CLERK of the COURT at the Provincial Offences office and just clarify what address you want all correspondence to be sent to (include the ticket number).

If they send it to the wrong address and you don't get it, then you will get convicted because you did not know about the trial and then you have to apply for ...
by jsherk
Mon Jul 18, 2016 12:48 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: speeding ticket, wrong time of day put on.
Replies: 4
Views: 3648

Re: speeding ticket, wrong time of day put on.

Wrong time will not get your ticket dismissed. It is basically irrelevent to the charge.
by jsherk
Mon Jul 18, 2016 12:03 pm
Forum: General Talk
Topic: Got a 15 over while not on the insurance plan?
Replies: 4
Views: 1986

Re: Got a 15 over while not on the insurance plan?

You can not know how to fight a ticket until you see disclosure (officers notes). There is quite a bit you can do yourself first without having to put out any money.

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the ...
by jsherk
Sun Jul 17, 2016 1:03 pm
Forum: General Talk
Topic: Representing a friend, neighbor, family member or yourself
Replies: 13
Views: 11981

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

What I have not been able to pin down yet, is the specific definition of "practise law" and the specific definition of "provide legal services".
by jsherk
Sun Jul 17, 2016 12:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 25 over
Replies: 8
Views: 4566

Re: WIN speeding 25 over

Nothing changed. That is still true.

I just posted this thread with what the law says:
http://www.ontariohighwaytrafficact.com/topic7691.html
by jsherk
Sun Jul 17, 2016 12:24 pm
Forum: General Talk
Topic: Representing a friend, neighbor, family member or yourself
Replies: 13
Views: 11981

Representing a friend, neighbor, family member or yourself

In Ontario, you can represent yourself in court in as many matters per year as required.
In Ontario, you can represent a family member in court in as many matters per year as required (within the same limitations as a Class P1 paralegal license).
In Ontario, you can represent a friend or neighbor in court in up to a maximum of 3 matters per year ...
by jsherk
Sat Jul 16, 2016 9:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 25 over
Replies: 8
Views: 4566

Re: WIN speeding 25 over

A withdrawn charge is a win, even if I did not get to present any of my arguments.

But I actually do present a lot of my arguments thru motions that I file before the trial date, so the prosecutor knows that I know more than most people and even complained to the JP that my motions were of a high quality... I think that says something about my ...
by jsherk
Sat Jul 16, 2016 10:09 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: WIN speeding 25 over
Replies: 8
Views: 4566

WIN speeding 25 over

Represented a friend and got speeding 75 in a 50 charge withdrawn.

First trial date was in May and had only received disclosure the day before and got an adjournment to July 14th. Was also succesful in getting JP to "suggest" that the prosecutor should also get me the maintenance records for the radar device that the OPP keep. Notice that I said ...
by jsherk
Sat Jul 16, 2016 8:18 am
Forum: General Talk
Topic: Officer tries to convince defendant to plead guilty outside
Replies: 2
Views: 1676

Re: Officer tries to convince defendant to plead guilty outs

To me it does not seem right, but I am just asking if there is anything that can or should be done about it.

Maybe there is nothing, and that is fine, but was just curious.
by jsherk
Fri Jul 15, 2016 6:38 pm
Forum: General Talk
Topic: Officer tries to convince defendant to plead guilty outside
Replies: 2
Views: 1676

Officer tries to convince defendant to plead guilty outside

I had given a friend some suggestions on how to fight his speeding ticket. At first trial date, he succesfully got an adjournment as disclosure had just been provided within the last week.

Here is what happened while he was there before the trial started (his words, not mine):

I then asked prosecutor to reschedule trial as I had just received ...
by jsherk
Fri Jul 15, 2016 9:53 am
Forum: General Talk
Topic: Driving with Expired License
Replies: 5
Views: 2955

Re: Driving with Expired License

Good question!

I think that it is still valid today until the end of the day. However that is just a guess and I am not 100% sure.