Search found 1722 matches

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: 12631

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: 10981

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: 10981

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: 12631

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: 10076

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: 11193

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: 10076

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: 12146

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: 12146

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: 2292

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: 10076

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: 7583

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: 4679

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: 7583

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: 4679

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.