Search found 1722 matches

by jsherk
Sun Jun 12, 2016 8:54 am
Forum: Careless Driving
Topic: Careless Charge - No Accident
Replies: 24
Views: 12869

Re: Careless Charge - No Accident

it will be interesting to read the officers notes and his account of the situation. Apparently he did not see the accident avoidance part. Your account of the situation seems reasonable that you were avoiding an accident, and your testimony at trial would go a long way to getting the charge dropped.

Careless is a tougher charge for the prosecution ...
by jsherk
Sat Jun 11, 2016 11:27 pm
Forum: General Talk
Topic: 2 tickets on 401: speeding and permit
Replies: 29
Views: 9017

Re: 2 tickets on 401: speeding and permit

Just be aware that I don't believe the court decision regarding the permit having to be valid isn't a binding decision.
Yes but right under 6. (1) you need to read 6. (2) that says:

"6. (2) Evidence of validation for a permit shall be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of ...
by jsherk
Fri Jun 10, 2016 7:13 pm
Forum: General Talk
Topic: Speeding Ticket (possible fatal error)
Replies: 59
Views: 33520

Re: Speeding Ticket (possible fatal error)

Congratulations on the win!

This was an APPEAL hearing, correct?
by jsherk
Fri Jun 10, 2016 9:26 am
Forum: General Talk
Topic: Stunt/Racing Charge
Replies: 21
Views: 38494

Re: Stunt/Racing Charge

I believe they have up to 6 months from date of offence to re-issue and re-serve a new ticket. If they can't find you, then can just mail it your last know address and that is considered served.
by jsherk
Thu Jun 09, 2016 5:13 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)?

Yes it should be, but you will still need copies of the transcript from any court appearances already.

3 weeks before the July 26th trial date, I would file the 11b.
by jsherk
Thu Jun 09, 2016 1:54 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)?

The officer that witnessed you supposedly talking on your phone MUST be at the trial in order to testify, otherwise if the trial starts and the officer is not there, then they will have to drop that charge.

You can google information on filling an 11b, however you will need transcripts of all your previous court appearances because they need to be ...
by jsherk
Wed Jun 08, 2016 5:39 pm
Forum: Parking Tickets
Topic: $150 for being 6 mins late
Replies: 6
Views: 4746

Re: $150 for being 6 mins late

Toronto courts are backed up so there is a good chance that if you fight it, it will take more than a year to get a trial date and then you can get it dropped by filling an 11b "right to timely trial".
by jsherk
Wed Jun 08, 2016 5:07 pm
Forum: General Talk
Topic: Disclosure and improper radar manual
Replies: 8
Views: 3315

Re: Disclosure and improper radar manual

No it's not as the testing pages I got clearly say "Genesis II Directional Rev 02/05" at the top which is not the same as a "Genesis II Select Directional Rev 25/AUG/2010."

So they may similar, but they are not the same.
by jsherk
Wed Jun 08, 2016 4:26 pm
Forum: General Talk
Topic: Disclosure and improper radar manual
Replies: 8
Views: 3315

Disclosure and improper radar manual

From disclosure, the officers notes state the serial number of the radar unit and that it was a Genesis II Directional.

Also in disclosure were two pages of the radar manual (Field Tests section) and across the top of these pages it says Genesis II Directional (Rev 02/05). So the test pages match the model given in officers notes.

I received the ...
by jsherk
Wed Jun 08, 2016 7:31 am
Forum: General Talk
Topic: Speeding ticket, paralegal plead guilty, filling appeal?
Replies: 3
Views: 2205

Re: Speeding ticket, paralegal plead guilty, filling appeal?

You only have 30 days to file an appeal.

Your only option now is to sue x-copper for malpractice.
by jsherk
Tue Jun 07, 2016 7:26 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticket for 35km over, help with disclosure appreciated!
Replies: 20
Views: 6762

Re: Ticket for 35km over, help with disclosure appreciated!

But how am I expected to properly cross-examine the officer if I dont have knowledge about the radar, and how do I gain this knowledge without being provided with the manual? Seeing the manual for a couple minutes prior to the trial doesn't give me enough time to properly build my case and cross-examine the officer.

That is exactly the argument ...
by jsherk
Mon Jun 06, 2016 12:43 pm
Forum: General Talk
Topic: 2 tickets on 401: speeding and permit
Replies: 29
Views: 9017

Re: 2 tickets on 401: speeding and permit

If you ask for disclosure, the officers notes should say there was not sticker on the ownership portion. Then just show them the section in the HTA that says it is not required.
by jsherk
Mon Jun 06, 2016 11:10 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticket for 35km over, help with disclosure appreciated!
Replies: 20
Views: 6762

Re: Ticket for 35km over, help with disclosure appreciated!

Lock speed does not matter. It's the highest speed that the officer SAW on the radar that they can charge you with.

It appears that the officer has the test times mentioned both before and after your stop. If money is an issue then you might want to take a plea deal if offered by the prosecutor. Otherwise you could take the time to fight it (you ...
by jsherk
Sun Jun 05, 2016 3:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 1st Trial re speeding ticket - need help
Replies: 9
Views: 3179

Re: 1st Trial re speeding ticket - need help

Insurance does not care about how many demerit points are associated with the speeding charge. They see anything from 1 over to 49 over as the same thing (minor conviction) and all may cause your rates to go up the same. So getting the charge reduced to even 15 over and 0 demerits will not help you from an insurance point of view.

Defense of ...
by jsherk
Sun Jun 05, 2016 3:35 pm
Forum: Criminal Offences
Topic: dangerous driving and abstract
Replies: 2
Views: 2925

Re: dangerous driving and abstract

You would have to specifically ask an insurance company to be sure, but my understanding is they only use last 3 years.
by jsherk
Thu Jun 02, 2016 11:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticket for 35km over, help with disclosure appreciated!
Replies: 20
Views: 6762

Re: Ticket for 35km over, help with disclosure appreciated!

Usually if you get the disclosure 2 weeks or more ahead of time, that should be enough time to prepare.

If you have not received it with less than 2 weeks to go, then contact clerk of the court and try and get them to reschedule because of the distance. If they won't do it, then contact prosecutors officer and see if they will ask for a ...
by jsherk
Thu Jun 02, 2016 10:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Ticket for 35km over, help with disclosure appreciated!
Replies: 20
Views: 6762

Re: Ticket for 35km over, help with disclosure appreciated!

When I can't read their writing, I send another disclosure request something like this:

I received a copy of the officer's notes, however they are very hard to read and I can not decipher most of them and am therefore unable to make full answer to charges. I am requesting a typed copy of the officers notes, and please also included the meaning of ...
by jsherk
Wed Jun 01, 2016 6:03 am
Forum: Hand-held devices
Topic: Ticket for hand held communication device
Replies: 4
Views: 7525

Re: Ticket for hand held communication device

This is a hard one to beat but you need disclosure before you really know how to fight it.

Plead not guilty and request a trial with the officer present. Once you get your notice of trial with a trial date, then you can request disclosure (officers notes). Once you get the disclosure post it here so we can review it.
by jsherk
Mon May 30, 2016 1:45 pm
Forum: General Talk
Topic: 2 tickets on 401: speeding and permit
Replies: 29
Views: 9017

Re: 2 tickets on 401: speeding and permit

I would choose option 3 for both tickets.

Since one of them is not a proper charge it will have no effect with regards to the speeding charge.

Once you get your notice of trial for both tickets and request disclosure for both tickets and get the disclosure back, you can then write a letter to prosecutor asking if they will drop the permit one ...
by jsherk
Mon May 30, 2016 12:27 pm
Forum: Careless Driving
Topic: Careless Driving Summons Under Part I as result of accident
Replies: 20
Views: 10203

Re: Careless Driving Summons Under Part I as result of accid

The officers have to show up to testify about any statements made by you or witnesses. And they need to testify about identifying you. And they need to testify that they gave you a summons.

They will not be at the summons date as this is not your trial. They do need to be at the actual trial whenever that is set for.

Nothing you are describing is ...
by jsherk
Mon May 30, 2016 12:00 pm
Forum: General Talk
Topic: 2 tickets on 401: speeding and permit
Replies: 29
Views: 9017

Re: 2 tickets on 401: speeding and permit

The law was changed a few years ago and you are NOT required to have a sticker on the ownership, only on the plate, so you should definitely fight this one as it will get dropped.

For speeding, you can not know how to fight it until you get disclosure. I recommend you plead not guilty and request a trial with the officer present. Once you get your ...
by jsherk
Mon May 30, 2016 11:57 am
Forum: Careless Driving
Topic: Careless Driving Summons Under Part I as result of accident
Replies: 20
Views: 10203

Re: Careless Driving Summons Under Part I as result of accid

A brief is usually part of disclosure... it basically summarizes everything for the prosecutor so they know what is going on.

But remember that the prosecutor is not required to offer you any kind of plea deal at all. So if they do decide to offer you a plea, they could offer you one without seeing the brief, but usually they will want to see the ...
by jsherk
Sun May 29, 2016 10:06 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Going 83km/h in 50km/h zone
Replies: 14
Views: 5507

Re: Going 83km/h in 50km/h zone

No it does not.
by jsherk
Sun May 29, 2016 12:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Going 83km/h in 50km/h zone
Replies: 14
Views: 5507

Re: Going 83km/h in 50km/h zone

Parking tickets do not affect your insurance. If you won against careless charge then it is not on your record and will not affect insurance either.
by jsherk
Sun May 29, 2016 11:55 am
Forum: General Talk
Topic: Need help with a traffic ticket
Replies: 17
Views: 7207

Re: Need help with a traffic ticket

If you decide to appeal, you still have to pay the fine first and the conviction will show up on your record until you win the appeal.

I think there is some other form you can request so that you do not have to pay the fine until after the appeal, so check for that one as well.

And the chances of the officer not showing up are very slim, but it ...
by jsherk
Sat May 28, 2016 8:38 pm
Forum: General Talk
Topic: Need help with a traffic ticket
Replies: 17
Views: 7207

Re: Need help with a traffic ticket

I am a big advocate of self-representation and of fighting every ticket that you get. Unfortunately, you can't win them all.

In this case, I honestly beleive the best case scenario is that you show up for court and the prosecutor tells you they are dropping the charge because the officer did not show up. If the officer shows up, I really do not ...
by jsherk
Sat May 28, 2016 5:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Going 83km/h in 50km/h zone
Replies: 14
Views: 5507

Re: Going 83km/h in 50km/h zone

It is almost always to your benefit to plead Not Guilty and request a trial with the officer present. Once they give you a trial date, then you can request disclosure (officers notes).

There is no way to guess at what defense you could use until you get the notes and see what they say.

Insurance does not care about demerit points. So speeding 1 ...
by jsherk
Sat May 28, 2016 11:55 am
Forum: General Talk
Topic: Need help with a traffic ticket
Replies: 17
Views: 7207

Re: Need help with a traffic ticket

Video is irrelevent here unless you think there is something specific in it that would help your case but it does not sound like it.

The officers notes are reallly good and looks like everything is there that needs to be for a conviction.

So if the officer gets on the stand and says everything above and then you get on the stand and say "I don't ...
by jsherk
Fri May 27, 2016 11:01 pm
Forum: Careless Driving
Topic: Summons for Careless Driving, Read End Collision
Replies: 9
Views: 5119

Re: Summons for Careless Driving, Read End Collision

Well that is great news for you! Congratulations on your win! :D