Search found 1722 matches

by jsherk
Tue May 10, 2016 2:58 pm
Forum: General Talk
Topic: Need help
Replies: 17
Views: 4149

Re: Need help

If you previously had a license they would probably show up at the MTO against your license and you could just pay it there, but if you have never had a license then that does not help you.

You will probably have to call each city and confirm the amount owing and how you can pay them. Most fines and tickets can be paid online now. Alternatively ...
by jsherk
Tue May 10, 2016 2:54 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding 31km/h
Replies: 13
Views: 3389

Re: speeding 31km/h

Yes, Decatur is right. I somehow had it in my head that fog was listed in the radar manuals as a source of interference, but I checked and it is not! Sorry.
by jsherk
Tue May 10, 2016 2:23 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Question regarding: Disobey stop sign - HTA 136 (1) (a)
Replies: 4
Views: 4442

Re: Question regarding: Disobey stop sign - HTA 136 (1) (a)

So the prosecutor has the option (but is not required) to offer you a plea deal. It is totally up to them whether they will do it or not. This would happen before you get up in front of the Justice of the Peace.

The car being manual and shifting while still being in motion does not help you, but would actually strengthen the case against you.

I ...
by jsherk
Tue May 10, 2016 1:14 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Question regarding: Disobey stop sign - HTA 136 (1) (a)
Replies: 4
Views: 4442

Re: Question regarding: Disobey stop sign - HTA 136 (1) (a)

1. No this will not help you at all, as officers can use their discretion on who/when to issue a ticket.

2. Yes this would be a helpful line of questioning during cross-examination, but by itself will probably not get you off.

Since insurance increases are an issue, even with 0 demerit point charges, you would need to specifically know what ...
by jsherk
Tue May 10, 2016 1:02 pm
Forum: Parking Tickets
Topic: Ticketed For Parking in a Handicap Spot
Replies: 12
Views: 12083

Re: Ticketed For Parking in a Handicap Spot

Once you get up in front of the JP you need to make sure that you clearly say:
-how many requests you made
-when you made them
-and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense
-you need an adjournment, which of course is inconvenient because ...
by jsherk
Tue May 10, 2016 12:57 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding 31km/h
Replies: 13
Views: 3389

Re: speeding 31km/h

Did they give you more pages of the manual than just the cover page?

So my question would be, why are the test times written down together. There should have been an entry at 6am saying it was tested and then another after they wrote the ticket.

Also, fog can cause errors with radar as the moisture reflects the signal.

Anyways, these would be a ...
by jsherk
Tue May 10, 2016 11:18 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding 31km/h
Replies: 13
Views: 3389

Re: speeding 31km/h

Is the ticket handwritten, or is it electronic ticket (computer printed)?
by jsherk
Tue May 10, 2016 9:47 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding 31km/h
Replies: 13
Views: 3389

Re: speeding 31km/h

Can you scan and post all the disclosure you received (with personal info blacked out)?
by jsherk
Tue May 10, 2016 7:41 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: speeding 31km/h
Replies: 13
Views: 3389

Re: speeding 31km/h

6am-8:40am ... not sure what this means. It could mean he tested it at 6 and then again at 8:40? Or it could mean that he tested it once sometime between 6 and 8:40? What time did he pull you over (time on your ticket)?

Weather is mostly irrelevent to your case and officer omitting it will not get your case dropped.
by jsherk
Mon May 09, 2016 5:01 pm
Forum: General Talk
Topic: Need help
Replies: 17
Views: 4149

Re: Need help

Can you be more specific please...

You said "you guess" you never had a licence... what does that mean?

What is "a lot" of fines?

What are these fines for?

Are the different cities all in Ontario or another province or USA?
by jsherk
Thu May 05, 2016 11:19 am
Forum: General Talk
Topic: Siezed plates
Replies: 7
Views: 9069

Re: Siezed plates

As far as plates, I would go to MTO and say you want to cancel the old ones because the officer took them and you do not know where they are and that you would like new ones. It is important that you cancel them as you are responsible for them as long as they are in your name. Who knows where they will end up!

What are the actual section numbers ...
by jsherk
Thu May 05, 2016 10:22 am
Forum: General Talk
Topic: Siezed plates
Replies: 7
Views: 9069

Re: Siezed plates

What is the exact charge (or charges) on the summons?
by jsherk
Thu May 05, 2016 8:17 am
Forum: General Talk
Topic: Siezed plates
Replies: 7
Views: 9069

Re: Siezed plates

Go to MTO office and ask them about plates.

As far as summon, you should pretty much never just plead guilty. When you arrive at the summons date, this is NOT your trial date, so I recommend you tell them "I would like disclosure before I decide how to plead." They will then set another summons date for you, and the prosecutor will have to get you ...
by jsherk
Wed May 04, 2016 8:45 pm
Forum: General Talk
Topic: Speed trap on private property marked "no trespassing"
Replies: 3
Views: 2331

Re: Speed trap on private property marked "no trespassing"

1. Yes
2. Yes
3. Not necessarily. But irrelevent to your charge.
by jsherk
Mon May 02, 2016 3:28 pm
Forum: General Talk
Topic: Officers of the Court
Replies: 0
Views: 2034

Officers of the Court

Just a question out of curiosity... Are Judges and Justice of the Peace considered Officer's of the Court?

Section 80 of Courts of Justice Act would lead me to belive that a Judge is NOT an Officer of the Court, and that they are distinct:
https://www.ontario.ca/laws/statute/90c43#BK113

Thanks
by jsherk
Mon May 02, 2016 3:13 pm
Forum: General Talk
Topic: Got a ticket for expired license plate sticker, not expired?
Replies: 12
Views: 7892

Re: Got a ticket for expired license plate sticker, not expi

Yep, she wasted a day of your life!
by jsherk
Sun May 01, 2016 8:49 pm
Forum: General Talk
Topic: Charter violations by the Ontario government
Replies: 12
Views: 4324

Re: Charter violations by the Ontario government

Well that is good news for a change!!! :D :) :D :) :D :)
by jsherk
Sat Apr 30, 2016 8:27 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

Just an FYI that once the ticket is entered into the system, the officer can not withdraw it. Only the prosecutor has the decision to either withdraw or pursue the charge. And even it went to trial and you had video of the officer saying he was not going to charge you, this itself would not be enough to get the charge dropped. The officer saying he ...
by jsherk
Sat Apr 30, 2016 6:46 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

I think daggx is right now that I think about it...

But regardless, once you get it re-opened and get your Notice of Trial, make sure to request disclosure (officers notes). Then you could try to call prosecutor before the trial date and tell that you were never served and see if they will drop it before you have to come to court. If it is on ...
by jsherk
Sat Apr 30, 2016 3:13 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

Anything that can play the video is fine, but make sure you have the video on a cheap external USB stick because I have heard of people bringing their laptops and then the courts take their laptops for several months. If it is on a USB stick then you only have to leave the USB stick and not the whole device.
by jsherk
Sat Apr 30, 2016 12:00 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

You should actually request that both tickets be on the same date when you go to get the re-opening. Most likely they should be able to do it, but of course there is no guarantee.

For the video, you want to transfer the video off the camera onto a USB stick (Staples has them for $6). Then you should bring a laptop that can play the video that is ...
by jsherk
Sat Apr 30, 2016 10:25 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

Okay so that is good... you were not served as Section 3(3) says you supposed to be, which means the charge should be dropped. Unfortunately you have to go thru the whole process of getting it re-opened and then going to court.
by jsherk
Sat Apr 30, 2016 7:37 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

Yes I should correct what I said...
Your in-person testimony AND your witness in-person testimony SHOULD trump the officers testimony.

Did the officer give it to you and then you handed it back? Or did he just never give it to you in the first place?

The law that you would need to print and bring with you is Ontario Highway Traffic Act Section 3 ...
by jsherk
Sat Apr 30, 2016 7:26 am
Forum: General Talk
Topic: Cop Never Filed Ticket in System
Replies: 19
Views: 11309

Re: Cop Never Filed Ticket in System

Reading the penalties, there is a 5 year period where if you get caught again then the penalty goes up for the second and thirid occurences.

But as a side note, I believe this is an ADMINISTRATIVE penalty which means it will not show up on your driving record and will not affect your insurance.
by jsherk
Fri Apr 29, 2016 9:18 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

Your in-person testimony AND your witness in-person testimony will trump the officers testimony.

They should grant re-opening without an issue if you say you were never given/served the ticket.
by jsherk
Fri Apr 29, 2016 9:15 pm
Forum: General Talk
Topic: Cop Never Filed Ticket in System
Replies: 19
Views: 11309

Re: Cop Never Filed Ticket in System

What Decatur said... There is NO 5-year suspension for what you got. You should be able to pay the $180 and get your license back.

From http://www.mto.gov.on.ca/english/safety/impaired-driving.shtml :
In Ontario and the rest of Canada, the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08 ...
by jsherk
Fri Apr 29, 2016 8:53 pm
Forum: General Talk
Topic: Cop Never Filed Ticket in System
Replies: 19
Views: 11309

Re: Cop Never Filed Ticket in System

Well again if the officer did not file the ticket with the court within 7 days, then there is no ticket any more.

I suppose if MTO chases down the officer, the officer could re-issue a new ticket. You basically want to hope they don't find officer!
by jsherk
Fri Apr 29, 2016 8:50 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Officer said he would cancel ticket..but didn't..Help please
Replies: 23
Views: 8429

Re: Officer said he would cancel ticket..but didn't..Help pl

First you need to immediately go to court house and tell them you never were given the ticket and that you need a RE-OPENING. You specifically want a re-opening and NOT an appeal.

Next, if they grant the re-opening, which they should, you will get a Notice of Trial in the mail. You and your witness need to come to court on the trial date and ...
by jsherk
Fri Apr 29, 2016 7:44 pm
Forum: General Talk
Topic: Cop Never Filed Ticket in System
Replies: 19
Views: 11309

Re: Cop Never Filed Ticket in System

Basically, I would wait until the temp license almost expires, and then go into a DIFFERENT MTO office and ask for a new license to be issued.

If the officer did not file the ticket then you officially have not been charge and the MTO can not charge you $180 or give you 5-year probation.
by jsherk
Fri Apr 29, 2016 6:11 pm
Forum: General Talk
Topic: Cop Never Filed Ticket in System
Replies: 19
Views: 11309

Re: Cop Never Filed Ticket in System

Did they make you pay the $180 (they should not have)? Or did you have to pay the License Re-Instatement fee (more likely this is what you paid)?

Again, MTO can not give you a 5-year suspension unless you are found guilty of the charge. If the officer did not enter the ticket in the system then you can not be found guilty and MTO can not suspend ...