Search found 1722 matches

by jsherk
Fri Apr 22, 2016 4:32 pm
Forum: Careless Driving
Topic: Careless Driving & Witness Notice to Court
Replies: 5
Views: 4462

Re: Careless Driving & Witness Notice to Court

The officer did not witness the accident, but you did. Since the other person plead Not Guilty to the charge and asked for a trial, somebody that actually witnessed the accident must show up at the trial in order for them to be found guilty... that would be you.
by jsherk
Fri Apr 22, 2016 8:14 am
Forum: Courts and Procedure
Topic: I did not apply front plate and get a ticket.
Replies: 4
Views: 4052

Re: I did not apply front plate and get a ticket.

Plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (officers notes). Once you get these notes, post them here and we can advise further.
by jsherk
Tue Apr 19, 2016 11:24 am
Forum: General Talk
Topic: Wrong address, Is the speeding ticket invalid?
Replies: 5
Views: 6340

Re: Wrong address, Is the speeding ticket invalid?

Here: http://www.ontariohighwaytrafficact.com/topic1965.html

And there is some good info on this site: http://ticketcombat.com/offences/fatal.php

Just note that over time some of these things may have change!

So an incorrect Set Fine which IS a fatal error, but I believe the courts have decided that incorrect Total Payable is NOT a fatal error ...
by jsherk
Tue Apr 19, 2016 9:03 am
Forum: General Talk
Topic: Wrong address, Is the speeding ticket invalid?
Replies: 5
Views: 6340

Re: Wrong address, Is the speeding ticket invalid?

Wrong/different address on ticket will not get the ticket dropped. It is irrelevent to the charge of speeding.

I suggest you plead NOT GUILTY and request a trial with the officers present. Once you get your Notice of Trial, you can request disclosure (officers notes and speed measuring device manual). Once you get officers notes, post them here so ...
by jsherk
Mon Apr 18, 2016 12:34 pm
Forum: General Talk
Topic: When best to request disclosure ? ...
Replies: 9
Views: 5991

Re: When best to request disclosure ? ...

Disclosure should include a copy of the officers notes.

Now the prosecutor has not reviewed disclsosure either at this stage, so they basically will look at it the morning of the summons date and then they will decide to either (i) drop the charge or (ii) offer you a plea deal to plead guilty to or (iii) not offer a plea and proceed to trail on ...
by jsherk
Mon Apr 18, 2016 7:49 am
Forum: Courts and Procedure
Topic: Need stamp from Attorney General of Canada for Form 4B
Replies: 2
Views: 2781

Re: Need stamp from Attorney General of Canada for Form 4B

I just use a fax instead as this is accepted as well. You send the fax and then print the transmission report thats says "SENT OK" and has the number that you sent it to on it. You can go online and find free fax sites where you upload your scanned document and they will send it. Alternatively you can go to places like Staples that will send a fax ...
by jsherk
Sun Apr 17, 2016 9:17 am
Forum: Speed Traps
Topic: Speeding Ticket 30 km in 50 km limit but charged 15km over.
Replies: 6
Views: 4846

Re: Speeding Ticket 30 km in 50 km limit but charged 15km ov

Remember that anything 16 km/h or more over the posted speed limit has demerit points, although these don't affect your rates - just your driving record itself.

This is incorrect...

1 to 15 over is 0 demerits and considered a MINOR conviction by insurance which can cause your rates to go up.
16 to 29 over is 3 demerits and also considered a ...
by jsherk
Thu Apr 14, 2016 10:03 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 42km Over, Cannot Request Disclosure, Need Advice
Replies: 4
Views: 2387

Re: 42km Over, Cannot Request Disclosure, Need Advice

You could actually wait until the day of your trial to request disclosure (not a good idea though), but if you request it then they have to get it for you so you can "properly prepare your defense and fully answer the charge".
by jsherk
Thu Apr 14, 2016 8:52 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Appeal date coming up-Wrong set/total fine (London vs young)
Replies: 1
Views: 2061

Re: Appeal date coming up-Wrong set/total fine (London vs yo

The officer can't change the ticket after serving it on you. He would have to actually cancel the first one he gave you and then issue a new one. So this all works in your favour as well.

Maybe somebody else on the forum can offer specific case law or regulations, but basically just show up with the original ticket you got and say that the set ...
by jsherk
Wed Apr 13, 2016 8:28 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Stop Sign Ticket with Video Evidence from Officer
Replies: 2
Views: 5436

Re: Stop Sign Ticket with Video Evidence from Officer

The officer must show up and you can not be convicted by the video alone.

Assuming the officer shows up, the video evidence is just icing on the cake as far as getting a conviction meaning even you get the video thrown out, the officers testimony (based on his notes) will be sufficient to get a conviction.

When you request your disclsoure, make ...
by jsherk
Mon Apr 11, 2016 9:13 pm
Forum: Hand-held devices
Topic: Plead or Request court date? (Worthwhile?)
Replies: 17
Views: 14380

Re: Plead or Request court date? (Worthwhile?)

You can't just take any charge and be charged as an owner. The charge has to exist. You can't be as charged as the owner in a handheld device dispute.

Good point, but I was suggesting that maybe the prosecutor would consider a different charge as owner. Most likely they won't, but thought it was worth mentioning. But the owner thing does not ...
by jsherk
Mon Apr 11, 2016 5:38 pm
Forum: Hand-held devices
Topic: Plead or Request court date? (Worthwhile?)
Replies: 17
Views: 14380

Re: Plead or Request court date? (Worthwhile?)

The prosecutor can (but does not have to) offer you a plea deal for a lesser charge. But remember that even a 0 demerit point charge can still cause your insurance to go up. Insurance puts the charges into three categories: Minor, Major and Serious. So if the current charge is already a minor, then there really is not any charge they can drop it to ...
by jsherk
Sun Apr 10, 2016 2:32 pm
Forum: Failing to stop for a school bus
Topic: Failing to stop for a school bus G2 driver
Replies: 6
Views: 4869

Re: Failing to stop for a school bus G2 driver

Police are allowed to issue either a Notice of Offense (normal ticket) or a Summons. For some charges they can only issue a Summons.

Not sure if failing to stop for bus is a summons only type ticket or not, but if either can be issued it is just the officers discretion as to which he wants to use.
by jsherk
Sat Apr 09, 2016 7:48 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 9435

Re: HOV Lane during the Pan AM games please help trial soon.

Paralegals are cheaper than lawyers so that is an option to consider as well.
by jsherk
Sat Apr 09, 2016 5:26 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 9435

Re: HOV Lane during the Pan AM games please help trial soon.

Yes you definitely should testify in this case and tell your side of the story as it will help bring doubt to officers testimony.

But if it is just your word against the police officers word, 95% of the time they will believe the police officer. I agree this is not right, but it is how our great Canadian unjustice system works.

But if you do a ...