Search found 1722 matches

by jsherk
Thu Jun 08, 2017 12:20 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
replies: 22
views: 1448

Re: Failure to Stop at Red Light Defense?

So you need to see officers notes from disclosure before you can decide if you have a defense or not.
by jsherk
Wed Jun 07, 2017 8:57 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
replies: 22
views: 1448

Re: Failure to Stop at Red Light Defense?

Did you receive a ticket in the mail or was it hand delivered by an officer? Plead not guilty and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes, make model serial numbers of all equipment involved, any pics video audio, any wi...
by jsherk
Wed Jun 07, 2017 4:19 pm
Forum: Stunt Driving
Topic: Question about my stunt driving ticket.
replies: 2
views: 633

Re: Question about my stunt driving ticket.

If it says SUMMONS at the top of your ticket, then your court date is a first appearance and is not a trial date and the officer will NOT be there. You can just plead guilty at this date (not recommended) or a better choice would be to ask for disclosure and a trial date.
by jsherk
Mon Jun 05, 2017 6:56 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
replies: 16
views: 1688

Re: Failed to stop for school bus

Many times the evidence is not there, and a testimony will self incriminate you.
by jsherk
Sun Jun 04, 2017 8:51 am
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
replies: 16
views: 1688

Re: Failed to stop for school bus

If police are asking questions then the probability is that they don't have what they need to lay a charge yet, so it is definitely an all in situation.
by jsherk
Fri Jun 02, 2017 6:55 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice on Speeding Ticket 17KM/H Over Limit
replies: 12
views: 736

Re: Advice on Speeding Ticket 17KM/H Over Limit

Feel free to read some case laws to get an idea of what does and does not qualify: https://www.canlii.org/en/#search/jId=on&sort=decisionDatabase&text=%22defence%20of%20necessity%22%20speeding From R. v. DeFrias, 2016 ONCJ 313: THE DEFENCE OF NECESSITY [25] The Supreme Court of Canada provided the f...
by jsherk
Fri Jun 02, 2017 4:54 pm
Forum: General Talk
Topic: Speeding Ticket using DashCam Footage
replies: 5
views: 686

Re: Speeding Ticket using DashCam Footage

Maybe. Police can give you a ticket for anything somebody complains about, but they need to then show up as a witness to the event at court to testify about it. Without knowing who the driver is though, the ticket would have to be issued to the OWNER of the vehicle, unless of course the person could...
by jsherk
Fri Jun 02, 2017 8:30 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice on Speeding Ticket 17KM/H Over Limit
replies: 12
views: 736

Re: Advice on Speeding Ticket 17KM/H Over Limit

So your life was in danger by the other vehicle that was going to t-bone you so that would probably qualify as a defence of necessity. However to get out of the way would only require a few seconds of speeding up, so how fast could you really be going in that short period of time?
by jsherk
Thu Jun 01, 2017 4:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice on Speeding Ticket 17KM/H Over Limit
replies: 12
views: 736

Re: Advice on Speeding Ticket 17KM/H Over Limit

Speeding from 1 over to 49 over is absolute liability, although the defence of necessity is still available to you. But the defence of necessity is a pretty high bar to reach. So if you were being chased by somebody with a gun and trying to get away, then that would probably qualify. However things ...
by jsherk
Wed May 31, 2017 9:20 pm
Forum: Hand-held devices
Topic: G2 Driver - Am I Doomed?
replies: 5
views: 687

Re: G2 Driver - Am I Doomed?

You have a right to see the evidence they have against you. In order to do this, you need to plead NOT GUILTY and request a trial with the officer present. Once you receive your Notice of Trial, then you can request disclsoure (a copy of officers notes). The officers notes are what they will testify...
by jsherk
Wed May 31, 2017 9:16 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
replies: 16
views: 1688

Re: Failed to stop for school bus

I am a strong believer in my RIGHTS ... and one of those is that I don't have to let police on my property without a warrant. If they have a warrant to search my property then I can't tell them to leave, which was really the point I was making. I don't know why they would have a warrant, which is wh...
by jsherk
Wed May 31, 2017 8:18 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Advice on Speeding Ticket 17KM/H Over Limit
replies: 12
views: 736

Re: Advice on Speeding Ticket 17KM/H Over Limit

If it is your word against the officers word, who do you think they are going to believe? Usually they will take officers word over yours! That said, you should plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (officer notes...
by jsherk
Tue May 30, 2017 10:08 pm
Forum: Failing to obey signs
Topic: 182 (2) Disobey Sign for U-Turn
replies: 5
views: 858

Re: 182 (2) Disobey Sign for U-Turn

No you do not need to file intention to appear in court if you are doing early resolution. If you do not like the outcome of early resolution, then you can tell prosecutor you would like to get disclosure and set a trial date. At trial you probably can't beat this ticket, although we need to see off...
by jsherk
Tue May 30, 2017 2:10 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
replies: 16
views: 1688

Re: Failed to stop for school bus

If it was me, I would fight it. I would plead Not Guilty and request a trial with the officer present. Once I got my notice of trial, I would request disclosure (officer notes and witness statements). Then even assuming the notes and statement are good, I would still go to trial as both the officer ...
by jsherk
Mon May 29, 2017 9:22 pm
Forum: Failing to stop for a school bus
Topic: Failed to stop for school bus
replies: 16
views: 1688

Re: Failed to stop for school bus

You have the right to NOT answer any questions the police ask... don't admit who was driving... just say no comment. In fact, if the police come to door you can ask them to leave your property (unless they have a search warrant).

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