Search found 1722 matches

by jsherk
Sat Jul 02, 2016 3:37 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding ticket 130km/h in 90km/h- Gardiner Expressway W
Replies: 3
Views: 2911

Re: Speeding ticket 130km/h in 90km/h- Gardiner Expressway W

Although police and the ministry like to promote speeding tickets as a way to keep us safe, when you take it to court to fight it, they do not have to actually prove whether the speed you were driving was actually unsafe or not. They just have to prove you were speeding. The reason you were speeding is irrelevant. So it does not matter if everybody ...
by jsherk
Fri Jul 01, 2016 10:11 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) Need Help
Replies: 12
Views: 5264

Re: Disobey Sign 182 (2) Need Help

Can you scan and post the notes (black out personal and officer details)?

It will be interesting to see what sign you supposedly disobeyed!
by jsherk
Wed Jun 29, 2016 7:25 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

Remember that the prosecutor is under no obligation to offer you any deal at all. But it never hurts to ask!

You could call and try to arrange meeting before trial date with prosecutor and see if they will meet with you. If they won't meet with you ahead of time, then you can speak with prosecutor before trial on your court date.
by jsherk
Wed Jun 29, 2016 10:45 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket,130 in 80 reduced to 129 + 2 more tickets
Replies: 7
Views: 3042

Re: First ticket,130 in 80 reduced to 129 + 2 more tickets

You already got a deal so there is slim to none chance that prosecutor will offer you anything else.

If you plead not guilty, we do not know what the defense would be until we see the disclosure... need officers notes before we can decide if there is a way to fight it or not.

Yes it is possible that if you plead not guilty and request disclosure ...
by jsherk
Wed Jun 29, 2016 7:58 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First ticket,130 in 80 reduced to 129 + 2 more tickets
Replies: 7
Views: 3042

Re: First ticket,130 in 80 reduced to 129 + 2 more tickets

For insurance purposes, 130 in 80 is 50 over and is stunt driving which is a much much much more serious offence than 49 over speeding. And the officer could have charged you with stunt, had your vehicle towed/impounded and suspended your license for 7 days.

Obviously you can not testify and give your side of the story because you have to tell the ...
by jsherk
Tue Jun 28, 2016 2:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 79 in a 50 ticket
Replies: 16
Views: 5599

Re: 79 in a 50 ticket

Congratulations on the win!
by jsherk
Tue Jun 28, 2016 1:40 pm
Forum: Hand-held devices
Topic: 1st ever ticket, not sure what to do
Replies: 2
Views: 2547

Re: 1st ever ticket, not sure what to do

You have the right to a trial and the right to view the officers notes.

You should plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial with a trial date, you can then request disclosure (officers notes). Once you get the notes, scan and post them here.

There is a very small chance that the officer will ...
by jsherk
Fri Jun 24, 2016 12:12 pm
Forum: Hand-held devices
Topic: HANDHELD DEVICE
Replies: 7
Views: 3786

Re: HANDHELD DEVICE

No the wrong location does not help you at all. It is basically irrelevent, unless there are many other errors on the ticket as well.

I always recommend people plead not guilty, request a trial, request disclosure and then once you have received the disclosure, THEN you can decide whether to hire a paralegal or not. They will just charge you to do ...
by jsherk
Fri Jun 24, 2016 10:38 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

FYI: The road side suspensions should NOT count against your insurance at all because it is an administrative penalty.
by jsherk
Fri Jun 24, 2016 8:37 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

Plead not guilty and request a trial. Once you get your notice of trial, then you can request disclosure (officers notes, speed measuring device manual). Once you get disclosure, post it here so we can review it.

After you get the disclosure you can ask for meeting with prosecutor prior to the trial to see if they will offer you a plea deal. If ...
by jsherk
Fri Jun 24, 2016 8:33 am
Forum: Hand-held devices
Topic: HANDHELD DEVICE
Replies: 7
Views: 3786

Re: HANDHELD DEVICE

Personally I think it is just a money grab that they can get you for this charge when you are stopped at a red light... if you are not moving, then it should not be an issue. But anyways they CAN charge even when stopped, so my opinion on that does not matter.

IMO The position of the phone (where it is sitting or how it is mounted) has nothing to ...
by jsherk
Fri Jun 24, 2016 8:12 am
Forum: Hand-held devices
Topic: HANDHELD DEVICE
Replies: 7
Views: 3786

Re: HANDHELD DEVICE

You can not really know how to defend the charge until you plead not guilty, request a trial and get disclosure (officers notes).

But here are some thoughts, based on your description of events...

You may have a problem... most likely the officers notes will say that you were looking down while going thru the intersection. The officer will ...
by jsherk
Mon Jun 20, 2016 10:46 am
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance Charge on Expired pink slip (valid insurance)
Replies: 6
Views: 8130

Re: No Insurance Charge on Expired pink slip (valid insuranc

Once the officer puts charge in system, they have no more say on whether it is dropped or not. Only prosecutor can drop it.

Best you can do is go show prosecutor the old slip and the new corrected slip and tell them everything. If the prosecutor is in a good mood they might drop it. But they do not have to drop it if they don't want to. Completely ...
by jsherk
Wed Jun 15, 2016 2:22 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer claimed I drove through stop sign..dashcam
Replies: 13
Views: 5970

Re: Officer claimed I drove through stop sign..dashcam

Some police have cameras and some do not.

Yes freedom of information requests are possible, but if it relates to a charge then you ask for it in disclosure instead.
by jsherk
Tue Jun 14, 2016 10:27 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Fail to Stop- Question about ticket
Replies: 3
Views: 3677

Re: Fail to Stop- Question about ticket

No, nothing you mentioned is a fatal error.

You should plead not guilty and request a trial. Once you get your notice of trial with the trial date, you can request disclosure (officers notes and copy of video). Once you get this information then you can better decide if you can fight it or not.

As for your video, if you are going to show it in ...
by jsherk
Tue Jun 14, 2016 2:49 pm
Forum: General Talk
Topic: Reported by a ttc driver part2?!
Replies: 2
Views: 2177

Re: Reported by a ttc driver part2?!

Would have to wait and see what you get charged with (if you get charged at all). It would all be speculation right now.

If you get charged, plead not guilty and request a trial. Once you get the notice of trial then you can request disclosure (witness reports and witness statements and officers notes).

Police have up to 6 months to lay a charge ...
by jsherk
Tue Jun 14, 2016 2:45 pm
Forum: General Talk
Topic: Paralegal on File (how to terminate services with paralegal)
Replies: 1
Views: 1918

Re: Paralegal on File (how to terminate services with parale

Write a letter to the paralegal and make the first line say YOU ARE FIRED. I would consider this a good release form.
Send a copy to the paralegal directly and then send another copy to the secretary of the firm and another copy to the president of the firm.
I would inlcude in this letter all your complaints about the paralegal.

Write a letter to ...
by jsherk
Tue Jun 14, 2016 10:46 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 5267

Re: Wrong date on ticket - Motion to Quash

@ynotp - Nice. This will give me more to ponder and think about!
by jsherk
Tue Jun 14, 2016 10:36 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 5267

Re: Wrong date on ticket - Motion to Quash

While creative, I don't think your strategy would work based on my read of the relevant sections. It sounds like you're relying on section 9.1, which only applies when the defendant fails to respond or appear before the Court. Since you'll be before the Courts though, sections 34 and 35 would apply, which allow amendments at any stage of the ...
by jsherk
Tue Jun 14, 2016 10:18 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 5267

Re: Wrong date on ticket - Motion to Quash

On the 7th.
by jsherk
Tue Jun 14, 2016 8:54 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 5267

Wrong date on ticket - Motion to Quash

Long story short, friend got a speeding ticket for 65 in a 50 and I am representing him. Plead not guilty and requested trial and disclosure. Received disclosure one day before trial in May, so at trial asked I for additional disclosure and an adjournment. New trial set for July.

One interesting side note (will come into play later in this post ...
by jsherk
Tue Jun 14, 2016 8:21 am
Forum: Failing to yield the right-of-way
Topic: Was I at fault? please help!
Replies: 5
Views: 3568

Re: Was I at fault? please help!

If insurance determines you to be at fault then it will probably affect your rates.
If you are convicted of a charge from police then it will probably affect your rates.

So if either one of the above happens, then it will probably affect your rates.
If both happen then it will probably be a double whammy on your rates.

The only way it would ...
by jsherk
Mon Jun 13, 2016 3:21 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer claimed I drove through stop sign..dashcam
Replies: 13
Views: 5970

Re: Officer claimed I drove through stop sign..dashcam

There is really no special way you have to do it. You could just copy and paste what I wrote above.

You can also Google the following for more information:
ontario disclosure template

My preferred method of delivery is FAX because you can print off the FAX SENT OK report as proof you sent it. Mailing works, but gets expensive if you want to send ...
by jsherk
Mon Jun 13, 2016 2:46 pm
Forum: Failing to yield the right-of-way
Topic: Was I at fault? please help!
Replies: 5
Views: 3568

Re: Was I at fault? please help!

Police and insurance detemination of fault are two completely seperate things.

Insurance will almost always put the blame on the person that rear ended the other person.

Police do not care about insurance determination, so they could charge either you or the other driver (or both) if they think either of you deserves a charge.
by jsherk
Mon Jun 13, 2016 2:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer claimed I drove through stop sign..dashcam
Replies: 13
Views: 5970

Re: Officer claimed I drove through stop sign..dashcam

Wait until you get your Notice of Trial in the mail with your trial date on it.

Then you send a letter to the prosecutor requesting everything you want to get, something like this:

I would like disclosure of the following items:
- Copy of notes of all officers involved.
- Typed copy of any hand written notes that are hard to read.
- List of any ...
by jsherk
Sun Jun 12, 2016 9:55 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer claimed I drove through stop sign..dashcam
Replies: 13
Views: 5970

Re: Officer claimed I drove through stop sign..dashcam

if you are going to show the video in court, you need to copy the video onto a cheap usb stick and then bring a laptop along to play it on.

if you put the video directly on the laptop, they may want to keep your laptop as evidence, so it's important to put the video on a usb stick so you can leave the usb stick and take your laptop back home with ...
by jsherk
Sun Jun 12, 2016 8:45 pm
Forum: Careless Driving
Topic: Potential carless driving charge
Replies: 6
Views: 3503

Re: Potential carless driving charge

Once you get your notice of trial, you can request disclosure (officers notes).

Once you get the notes, post them here so we can advise further.

Although it does not sound like you were careless from what you said, we still need to see what the officer says before we can decide how to fight it.
by jsherk
Sun Jun 12, 2016 6:43 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer claimed I drove through stop sign..dashcam
Replies: 13
Views: 5970

Re: Officer claimed I drove through stop sign..dashcam

I watched the video and in my opinion it looks like you slowed down and almost stopped but then continued thru.

If the officer testifies you did not stop and you tried to use that video, I think it would not help and would help the officers case.

There may or may not be video from the officers car. You would request that for disclosure.

Plead ...
by jsherk
Sun Jun 12, 2016 1:30 pm
Forum: Failing to obey signs
Topic: Disobey Sign 182 (2) - Mississauga - turn and no turn signs
Replies: 6
Views: 5061

Re: Disobey Sign 182 (2) - Mississauga - turn and no turn si

In my opinion they should have covered the right turn sign.

Would I fight it? Absolutely!

Would I win? Maybe, maybe not.