Search found 1722 matches

by jsherk
Sat Apr 09, 2016 4:36 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 10803

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

if you can get the footage from a QEW camera that shows it was not you, then you will win. But getting that video footage will not be easy. Most likely if you ask for it in disclosure they will just say it does not exist.
by jsherk
Sat Apr 09, 2016 7:09 am
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 10803

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

The key thing that you can use to bring reasonable doubt is that the officer lost sight of the car and then mistook your blue car for the black one he saw pull in. The color thing by itself does not help you, but if you can get officer to admit that he may have lost sight of car because it was behind with other vehicles in the way, then the color ...
by jsherk
Fri Apr 08, 2016 10:50 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 10803

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

The next question I have is "how busy was the road"? Was there other cars on the road? Were there 2 to 3 cars between you and him?

I am going to procced with advice below, assuming there were other cars on the road and there were 2 or 3 cars between you and him.

When the officer gets on the stand to testify, the prosecutor will ask him to read ...
by jsherk
Fri Apr 08, 2016 9:29 pm
Forum: General Talk
Topic: Fighting handicapped parking ticket of $450
Replies: 13
Views: 16423

Re: Fighting handicapped parking ticket of $450

As a side question to others reading this thread, is it City of Toronto POLICE that issue by-law offences like this, or does Toronto have seperate by-law officers?
by jsherk
Fri Apr 08, 2016 9:27 pm
Forum: General Talk
Topic: Fighting handicapped parking ticket of $450
Replies: 13
Views: 16423

Re: Fighting handicapped parking ticket of $450

It clearly says CITY OF TORONTO on it so it is not from the University.

Use the Option 2 to Plead not guilty and request a trial and then request disclosure and go from there. Make a copy of both sides of ticket to keep before you go request the trial.
by jsherk
Fri Apr 08, 2016 9:22 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 10803

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

Did you have trial already? Please explain in more detail what has happened so far as it seems you have been before a JP already.

Can you, to the best of your ability and recollection, type out what the notes say?
by jsherk
Fri Apr 08, 2016 8:37 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 10803

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

Well if I could read them, I would probably have some suggestions.

Personally I would make another disclosure request and ask for "a typed copy of the officers notes as they are very hard to read and I can not properly prepare my defense without fully understanding the notes"
by jsherk
Fri Apr 08, 2016 4:32 pm
Forum: Improper use of high occupancy vehicle lane
Topic: HOV Lane during the Pan AM games please help trial soon.
Replies: 24
Views: 10803

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

Can you post a copy of the notes for use to read (with personal and officer info blanked out)?
by jsherk
Fri Apr 08, 2016 4:27 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance
Replies: 10
Views: 6180

Re: No Insurance

I think no insurance is something like a $5000 fine so you want to do everything possible to get out of this one and usually the prosecutor will not offer to drop this one down.

So if the prosecutor won't drop that one, then you definitely want to get the disclsoure (officers notes) before you decide how to plead. Once you get the notes, then you ...
by jsherk
Fri Apr 08, 2016 2:00 pm
Forum: General Talk
Topic: Fighting handicapped parking ticket of $450
Replies: 13
Views: 16423

Re: Fighting handicapped parking ticket of $450

Can you scan and post the ticket with personal and officer info blanked out?
by jsherk
Fri Apr 08, 2016 9:08 am
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance
Replies: 10
Views: 6180

Re: No Insurance

Question... Are each of the charges a SUMMONS or are any of them a NOTICE OF OFFENCE? Can you scan and post all the tickets (with personal info and officer info blanked out) and we can check for fatal errors for you.

The problem you have is that if you plead guilty to all of these, your insurance will sky rocket. The most serious of these being ...
by jsherk
Thu Apr 07, 2016 4:21 pm
Forum: General Talk
Topic: Fighting handicapped parking ticket of $450
Replies: 13
Views: 16423

Re: Fighting handicapped parking ticket of $450

Toronto courts are backed up so there is a good chance that if you plead not guilty and ask for a trial, the trial will be more than a year away and you can then apply for it to be dropped on charter violation grounds of right to a speedy trial.
by jsherk
Sat Apr 02, 2016 4:13 pm
Forum: Failing to stop for a school bus
Topic: Fail to Stop for School Bus- Owner - 175 (20)
Replies: 8
Views: 8387

Re: Fail to Stop for School Bus- Owner - 175 (20)

JUST PAY IT
When you are charged as the OWNER and not the driver, then it does not affect insurance, it does not go on your drivers abstract and you do not accumulate any demerit points. So the easiest way to deal with an owner ticket, is to just pay it and you are only out the amount of the fine and it will not affect you any other way.

TAKE IT ...
by jsherk
Fri Apr 01, 2016 7:27 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Options in my Trial for 28km/h over
Replies: 47
Views: 13043

Re: Options in my Trial for 28km/h over

Well the prosecutors arguments are valid... evidence like photos or anything in writing can be objected to when the photographer/writer is not there to be cross examined.
by jsherk
Fri Apr 01, 2016 12:31 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Options in my Trial for 28km/h over
Replies: 47
Views: 13043

Re: Options in my Trial for 28km/h over

This adjournment would probably be counted against you. Probably.
by jsherk
Fri Apr 01, 2016 9:39 am
Forum: Careless Driving
Topic: Careless Driving Charge - House Collision
Replies: 4
Views: 2767

Re: Careless Driving Charge - House Collision

One one side, it is harder charge for the prosecution to prove so they may offer you a plea deal to a lower charge. On the other side, if you testify you will probably hang yourself and it will be easy for them to prove it.

Having legal representation that knows how to properly cross-examine the officer and who will not put you on the stand to ...
by jsherk
Fri Apr 01, 2016 9:27 am
Forum: Driving the wrong way on a divided road
Topic: driving on the wrong way need help
Replies: 3
Views: 4589

Re: driving on the wrong way need help

i would plead not gulty and request a trial with the officer present. Once you get your notice of trial, you can then request disclosure (officers notes). Once you get the notes post them here so we can determine if officer has everything in notes needed to charge you.

There is no downside to doing this as you could decide to just pay it anytime ...
by jsherk
Thu Mar 31, 2016 6:53 pm
Forum: Failing to stop at a pedestrian crossing
Topic: Failure to Yeild to a pedestrian, but i was stopped.
Replies: 7
Views: 5664

Re: Failure to Yeild to a pedestrian, but i was stopped.

So assuming it was a cross-walk and not a cross-over, then you should be able to get the charge dismissed easily.

The officer has 6 months to issue the correct charge, so you do not want to let the prosecutor or officer know that they made a mistake ahead of time (meaning within the first 6 months after the charge).

Talking the to prosecutor ...
by jsherk
Thu Mar 31, 2016 5:29 pm
Forum: Improper passing
Topic: Passing on the right on a one lane street!
Replies: 13
Views: 6125

Re: Passing on the right on a one lane street!

The only people's opinions that matter on this are:
#1 - The police officers opinion on who to charge.
#2 - The insurance company's opinion on who is at fault.

They are independent decisions of each other, meaning (as an example only) the officer may decide to only charge vehicle B with improper passing, but the insurance company may decide to put ...
by jsherk
Thu Mar 31, 2016 12:48 pm
Forum: Improper passing
Topic: Passing on the right on a one lane street!
Replies: 13
Views: 6125

Re: Passing on the right on a one lane street!

My guess is the yellow vehicle that turned into the green vehicle be at fault as the green vehicle was not passing until the yellow one slowed downed and turned. The green vehicle could argue they were going same speed as yellow and not passing and the yellow vehicle just suddenly slowed down and turned into green.

Just my opinion of course!
by jsherk
Thu Mar 31, 2016 11:59 am
Forum: Improper passing
Topic: Passing on the right on a one lane street!
Replies: 13
Views: 6125

Re: Passing on the right on a one lane street!

Your description of street is very confusing to me. At first I thought you said it was one way, but now you are saying there is a yellow line seperating the directions. So the car traveling in the left lane was on the wrong side of the street?
by jsherk
Thu Mar 31, 2016 11:57 am
Forum: Failing to report a collision to a police officer
Topic: failing to report accident ticket
Replies: 8
Views: 4723

Re: failing to report accident ticket

Well if it's a misunderstanding then you might be okay, but again you will need to grill the officer during cross-examination with questions like "Is it possible I said 2 hours ago and you misunderstood that as 2 oclock?".

The other thing I would do is find out if your call to the police was recorded and try to get a copy of the recording if ...
by jsherk
Thu Mar 31, 2016 8:57 am
Forum: Failing to report a collision to a police officer
Topic: failing to report accident ticket
Replies: 8
Views: 4723

Re: failing to report accident ticket

One of the first questions you would ask the officer during cross examination is "Why did you say that the collision took place at 2pm? Where/how did you get that information?". You will need to question the officer around this point and try and get him to say why he said 2pm. Remember when you cross-examine the officer, this is NOT the time to ...
by jsherk
Wed Mar 30, 2016 11:42 am
Forum: General Talk
Topic: When best to request disclosure ? ...
Replies: 9
Views: 6218

Re: When best to request disclosure ? ...

Yes if you want to drag things out then show up at the summons date and tell them you would like to review disclosure before you decide how to plead. The prosecutor MAY offer you some kind of plea deal as well, but again you nicely say you would like to review the disclosure before you decide whether to accept deal or not.
by jsherk
Wed Mar 30, 2016 8:33 am
Forum: Driving While Suspended
Topic: driving under medical suspension without knowing HELP
Replies: 3
Views: 3185

Re: driving under medical suspension without knowing HELP

I would try to get a letter from the Ministry that says the suspension should not have happened. This is your best defense.

Our great unjustice system will not consider the fact that you just "did not know it was suspended" a defense. However a note from the Ministry could help considerably.

And remember that sometimes the Justice of the Peace ...
by jsherk
Wed Mar 30, 2016 8:21 am
Forum: General Talk
Topic: When best to request disclosure ? ...
Replies: 9
Views: 6218

Re: When best to request disclosure ? ...

The summons date is NOT your trial date. You will show up and they will ask you how you want to plead, guilty or not guilty. Your options are:

1- Plead guilty -not recommended-
2- Plead not guilty and request disclosure and they will set a trial date for you.
3- Request disclosure before you decide how to plead and they will set another summons ...
by jsherk
Mon Mar 28, 2016 12:37 pm
Forum: General Talk
Topic: Detailed Disclosure Request for Radar Gun Ticket
Replies: 18
Views: 8137

Re: Detailed Disclosure Request for Radar Gun Ticket

Congratulations on the win!!!
by jsherk
Mon Mar 28, 2016 9:27 am
Forum: Going the wrong way on a one-way road
Topic: Wrong Way on a One Way Road to Complete a Turn
Replies: 4
Views: 7818

Re: Wrong Way on a One Way Road to Complete a Turn

It's a one way street, so you cannot drive the wrong way on it regardless of distance.

Perhaps you can petition the city to make that short 5m distance into a 2-way.
by jsherk
Sat Mar 26, 2016 8:37 pm
Forum: General Talk
Topic: Ticketed for No Mudgaurds
Replies: 11
Views: 7089

Re: Ticketed for No Mudgaurds

The officer has no say at all in whether the prosecutor drops the charge or not.
by jsherk
Sat Mar 26, 2016 9:20 am
Forum: General Talk
Topic: Ticketed for No Mudgaurds
Replies: 11
Views: 7089

Re: Ticketed for No Mudgaurds

It reads:
Mudguards
(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor ...