Search found 1722 matches

by jsherk
Sun Jun 12, 2016 8:54 am
Forum: Careless Driving
Topic: Careless Charge - No Accident
Replies: 24
Views: 11342

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: 8132

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: 24908

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: 10985

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: 10684

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: 10684

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: 4497

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: 3099

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: 3099

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: 2016

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: 6241

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: 8132

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: 6241

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: 2987

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: 2716

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.