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: 3234

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: 9694

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: 12379

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: 12379

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: 3234

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: 3905

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: 2201

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: 12454

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: 4960

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: 12454

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: 4960

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: 4960

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: 1825

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: 1825

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: 3195

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.
by jsherk
Thu Jul 14, 2016 12:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Need help/advice for ticket 22km/h over, early resolution
Replies: 27
Views: 13426

Re: Need help/advice for ticket 22km/h over, early resolutio

You were charged with 72 in a 50 correct?

Did the officer say it was higher but they dropped it down?

Once JP comes out, if you plead guilty, it is for the charge on the ticket and not a higher charge.

The only time they can raise it up, is if the officer originally dropped it AND you plead not guilty AND the officer gets on the witness stand ...
by jsherk
Thu Jul 14, 2016 10:10 am
Forum: Stunt Driving
Topic: Looking for advice on stunt driving first court appearance
Replies: 21
Views: 12917

Re: Looking for advice on stunt driving first court appearan

Yes. You will check in when you get there, and tell them you want to talk to prosecutor before court starts.

At a SUMMONS date, you can:
1- Just plead guilty and it's over (not recommended).
2- If offered a plea deal, you can plead guilty to plea deal offer and it's over.
3- If offered a plea deal, you can ask if you can see disclosure before you ...
by jsherk
Thu Jul 14, 2016 8:39 am
Forum: Stunt Driving
Topic: Looking for advice on stunt driving first court appearance
Replies: 21
Views: 12917

Re: Looking for advice on stunt driving first court appearan

Did you get a NOTICE OF OFFENCE or a SUMMONS? These are different.

Offering a deal is completly up to the prosecutor, so there is no "how often" to when they do or do not do it.

If it is a SUMMONS date (which is not your trial date yet) then you can see if the prosecutor offers you a plea deal. Once they have offered you something, you can then ...
by jsherk
Thu Jul 14, 2016 8:36 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Need help/advice for ticket 22km/h over, early resolution
Replies: 27
Views: 13426

Re: Need help/advice for ticket 22km/h over, early resolutio

Some prosectuors will be honest and tell you that the officer is not there. Others will not tell you and will try and get you to plead guilty even if officer is not there.

If the prosecutor will not offer you a plea deal that you like, then you can say you want your trial. When they Justice of the Peace comes out and they call your name to come up ...
by jsherk
Thu Jul 14, 2016 8:31 am
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 12379

Re: Form 4 Offence Notice - content

You can still plead Not Guilty and request a trial, and then request disclosure (officers notes AND video). If there is video they are going to use, then they have to provide a copy to you.
by jsherk
Wed Jul 13, 2016 10:22 pm
Forum: General Talk
Topic: How long do the police have to submit a traffic ticket
Replies: 4
Views: 11474

Re: How long do the police have to submit a traffic ticket

They have 6 months to ISSUE (give you) a ticket from the date of an offence. Once they have given it to you, the officer only has 7 days to file it with the court.

Did you get a ticket? What date did you get it?

You should call the court house (clerks office) and give them the ticket number on your ticket and ask them specifically "What date did ...
by jsherk
Wed Jul 13, 2016 10:17 pm
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 12379

Re: Form 4 Offence Notice - content

Every ticket I have ever seen it is blank. Seems to me it is related to COMMERCIAL drivers licenses.

Regardless of it being there or not, and what it might mean, in my opinion it will not help you at all beat the ticket.
by jsherk
Wed Jul 13, 2016 6:52 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 13328

Re: Disobey Sign: Illegal Right Turn

The officers notes about being able to see both signs from his viewpoint is irrelevent because he says he checked the signs were there both before and after enforcement. So as long as he could see your vehicle turn onto Bayview, that is all that really matters.

Whats the actual charge you were charged with?

To argue the charge be made under TMC ...
by jsherk
Wed Jul 13, 2016 5:17 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 13328

Re: Disobey Sign: Illegal Right Turn

With the same logic, you could argue that it applies only on Monday and only on Friday as well.

However I do not see anything in that regulation that says the dash has be there. The "Text Alternative" at the bottom specifically says it is only there for convenience and does not form part of the officical law.

It certainly won't hurt to make your ...
by jsherk
Wed Jul 13, 2016 11:03 am
Forum: General Talk
Topic: Some questions about trial
Replies: 3
Views: 2467

Re: Some questions about trial

I am pretty sure you have to file at the one on the ticket as well. You can certainly try going to another one, but most likely they will tell you to go to the one on the ticket. The trial will definitely be at the one on the ticket.

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets ...
by jsherk
Wed Jul 13, 2016 10:43 am
Forum: General Talk
Topic: Form 4 Offence Notice - content
Replies: 20
Views: 12379

Re: Form 4 Offence Notice - content

Can you scan it and post so we can see what you mean?
by jsherk
Wed Jul 13, 2016 10:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 70 km/h in 50 km/h - Cop was wrong...
Replies: 29
Views: 8193

Re: 70 km/h in 50 km/h - Cop was wrong...

NEVER lie to police and NEVER lie when you are on the witness stand in the court room.

You have the right NOT to testify against yourself, so you are better off NOT giving your side of the story.

You need to instead beat the ticket by cross-examining the officer on their use and training on the device, and bring reasonable doubt to what they said.
by jsherk
Mon Jul 11, 2016 2:51 pm
Forum: General Talk
Topic: Case Law- Disclosure of only testing pages of radar manual
Replies: 13
Views: 4921

Re: Case Law- Disclosure of only testing pages of radar manu

There is a 0% chance of getting it if you do not ask for it!

There is case law about the copyright issue, stating that is a non-issue.

The officer needs to know how to operate it beyond just testing it. They need to know what the different modes do so they can have it on the proper setting. They need to be aware of what can cause interference and ...
by jsherk
Mon Jul 11, 2016 1:19 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 70 km/h in 50 km/h - Cop was wrong...
Replies: 29
Views: 8193

Re: 70 km/h in 50 km/h - Cop was wrong...

No leeway. Once you hit the BEGINS sign, you are in that posted speed zone.
by jsherk
Mon Jul 11, 2016 12:11 pm
Forum: General Talk
Topic: Case Law- Disclosure of only testing pages of radar manual
Replies: 13
Views: 4921

Re: Case Law- Disclosure of only testing pages of radar manu

I will re-word with the option to give me a full paper copy if they have never asked the manufacturer for digital copy.