Search found 1722 matches

by jsherk
Fri Apr 01, 2016 9:39 am
Forum: Careless Driving
Topic: Careless Driving Charge - House Collision
Replies: 4
Views: 2566

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: 4316

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: 5256

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: 5820

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: 5820

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: 5820

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: 4477

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: 4477

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: 5991

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: 2959

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: 5991

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: 7108

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: 7387

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: 6540

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: 6540

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 ...