I just got a ticket for the above offence. I intend to go to trial and depend my position that I stopped. I will show that I stopped by saying I actually stopped in a three way stop where the only place to look is left or in front of me. There was no concern about the car in front of me because it cannot turn left towards me so the only place to look is left. Also there was no car in front of me at that time. When I looked left I saw the police car parked waiting. If I did not stop and looked left, I would not have seen the police car. I saw the police car so when I started to move, the police car started to move, followed me and police lights started blinking. I stopped about 200 metres from the stop sign. If I did not stopped in the three way stop sign, I would be farther away than 200 metres. I would bring a map showing where the stop sign is and where I got stopped measuring the distance between the two points. I would also ask for his notes on how he determined that I did not stop. I would also show my driving abstract showing I have no traffic violation in the last three years. I just want to know if this is a good way to defend this traffic offence and any advise would be greatly appreciated.
I just got a ticket for the above offence. I intend to go to trial and depend my position that I stopped.
I will show that I stopped by saying I actually stopped in a three way stop where the only place to look is left or in front of me. There was no concern about the car in front of me because it cannot turn left towards me so the only place to look is left. Also there was no car in front of me at that time. When I looked left I saw the police car parked waiting. If I did not stop and looked left, I would not have seen the police car. I saw the police car so when I started to move, the police car started to move, followed me and police lights started blinking. I stopped about 200 metres from the stop sign. If I did not stopped in the three way stop sign, I would be farther away than 200 metres. I would bring a map showing where the stop sign is and where I got stopped measuring the distance between the two points. I would also ask for his notes on how he determined that I did not stop. I would also show my driving abstract showing I have no traffic violation in the last three years.
I just want to know if this is a good way to defend this traffic offence and any advise would be greatly appreciated.
Just wonder what city it is. I don't have an opinion on your defence but you may want to check out ticketcombat.com which has some info on how to fight stop sign ticket. One thing to check is if there is a white stop bar on the ground and if the cop saw the bar from where he was sitting.
Just wonder what city it is.
I don't have an opinion on your defence but you may want to check out ticketcombat.com which has some info on how to fight stop sign ticket.
One thing to check is if there is a white stop bar on the ground and if the cop saw the bar from where he was sitting.
Here's my two cents: During your disclosure request (where you will ask for the officer's notes) ask for an explanation & clarification of the charge. The E & C is trying to see if the Crown figures out that they need to give you a certified copy of the by-law that erected the sign. This is required. If the Crown does not provide you with the information, 15 days in advance of the trial, file a request to stay the trial on the basis of improper disclosure. (And they surprisingly goof this quite frequently.) Then you don't have to go to trial and it's done. They can't just post a sign willy-nilly; there has to be a by-law calling for it. The officer will testify that he observed you not stop. One thing you can try is to drive to the location that the officer was sitting at when he observed the offence, and see if he had a reasonable view of the intersection. If yes, then see if the Crown offers proper disclosure. If no, then take a photograph with a time-date stamp on it, do some measurements to back it up, etc. If the officer appears to have had a good view, the Crown gives you proper disclosure, then it might be worthwhile exploring if there are some Oakville municipal by-law infractions you could plead to. Those won't affect your driving or insurance record. The reason I say this is because usually when it's your word versus the officer's, the JP will almost always take the officer's word. That's just my take on it, for what it's worth. Some other members may have additional or better advice.
Here's my two cents:
During your disclosure request (where you will ask for the officer's notes) ask for an explanation & clarification of the charge. The E & C is trying to see if the Crown figures out that they need to give you a certified copy of the by-law that erected the sign. This is required. If the Crown does not provide you with the information, 15 days in advance of the trial, file a request to stay the trial on the basis of improper disclosure. (And they surprisingly goof this quite frequently.) Then you don't have to go to trial and it's done. They can't just post a sign willy-nilly; there has to be a by-law calling for it.
The officer will testify that he observed you not stop. One thing you can try is to drive to the location that the officer was sitting at when he observed the offence, and see if he had a reasonable view of the intersection. If yes, then see if the Crown offers proper disclosure. If no, then take a photograph with a time-date stamp on it, do some measurements to back it up, etc.
If the officer appears to have had a good view, the Crown gives you proper disclosure, then it might be worthwhile exploring if there are some Oakville municipal by-law infractions you could plead to. Those won't affect your driving or insurance record. The reason I say this is because usually when it's your word versus the officer's, the JP will almost always take the officer's word. That's just my take on it, for what it's worth. Some other members may have additional or better advice.
There is no white bar line on the road. Should'nt he be using the white line and looking at my tires to see if I stopped? Isn't this enough to prove that he has no clear view and no point of reference whether I stopped before the line since there is no line?[/img]
There is no white bar line on the road. Should'nt he be using the white line and looking at my tires to see if I stopped? Isn't this enough to prove that he has no clear view and no point of reference whether I stopped before the line since there is no line?[/img]
A good crown (like ours) gets personal photos tossed from defence all the time.
Radar Identified wrote:
. If no, then take a photograph with a time-date stamp on it, do some measurements to back it up, etc. what it's worth. Some other members may have additional or better advice.
A good crown (like ours) gets personal photos tossed from defence all the time.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I have received a $450 ticket for parking in a handicap loading zone. I did not see the sign and the pavement was not marked. I have lived in Toronto for 15 years and this is the first ticket of any kind I have received. My last ticket, in a different city, was over 20 years ago. I am always very careful about parking and traffic regulations.
I cannot afford to pay $450. I do not make a lot of…
Petition to change HTA 136 (1)(A)Failure to Stop at Stop Sign
Hello, it does not seem right that not coming to a complete stop, that your wheels do not stop turning or rolling stop carries the same penalty as not stopping at all at a stop sign . I think it's time this laws challenged and quashed. I wondered how to go both that? Can we start a website that we can sign a petition to have this law…
My 78 year old Mother got a ticket at 8am on March 31/09 as the morning sun was in her eyes and she (as well, many others), didnt see the sign ahead-"No straight throughway (between 7-9am Mon to Fri". (All english Sign might I add) at Dundas & Shaw. (**Proceed Contrary Sign Intersection -HTA-144(9).
4 months prior to her court date in November, I requested disclosure 3 times prior to her…
Reference is made in the HTA to Stop Signs at Railway Crossings (passive crossings):
HTA, 163 (2)
O Reg 615 (7)
However I cannot find specific regulation detailing how a railway crossing controlled by a stop sign must be configured.
The Ontario Traffic Manual, Book 11 - Markings and Delineation under section "3.9 Reserved Facility Markings - Railways" (p99) speaks to the needs for marking, but is…
I got a parking ticket on Halloween around 9pm for parking in front of a cross walk in a residential street. There's no sign or anything that says you can't park there.
You know the crosswalk/walkways in residential streets that are fenced on both sides and that simply lead you to another street on the other side is what I'm talking about.
The parking ticket officer must have seen me walk in…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Hi, new at this and could use all the help and guidance..
My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident. Luckily, no one was hurt as he did not hit another party so it was just our car (old car and it will be a write off). The cop issued a careless driving ticket - notice of appearance. I read a similiar thread about this but not sure if it…
There is some construction going on for the last three months and hence, the northbound right lane on airport road at queen street which exits is closed due to construction and they have put barriers. they have put the right turn sign on the adjacent lane in the black background. Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates…
I keep being told that if you are found to be driving with bare feet, you could be fined etc... but nowhere can I find the actual rule anyway. Does anyone know if this is truly illegal - or perhaps used to be? In summer, sandals being what they are, its much safer, in my opinion to kick them off and drive with bare feet.... but then I hate anything on my feet in hot weather!
I got pulled over yesterday on the Sir John A. Macdonald Parkway in Ottawa for going 106 km/h in a 60 zone. It was around noon, the weather was good and I was the only car on the road. He was hiding around a corner and was just stopped in the right lane (there are no shoulders on this road). I was alone in my car and neither of us said much, he didnt reduce my fine and gave me a ticket of a set…
I recently received a ticket from a military policeman on a military base in Ontario. Therefore, I was charged under the "Government Property Traffic Regulations" (GPTR), section 9. I know that some may say, why are you posting on a website for the HTA? Well, in Ontario, the military uses the Provincial Offences Act/Ontario Court of Justice for traffic tickets issued on a military base, i.e.…
For my first ever post, I'm going to ask for your own story dealing with a s.172 charge.
There is a lot of teeth grinding online about the street racing laws but few hands-on accounts from people who have been there and done that. I saw many posts from people seeking advice but few mention the actual outcome.
With about 1/3 conviction rate, there should be many success stories around. Even if you we…
... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
Sorry if this has been covered, but I searched and didn't find anything.
Just thought I'd share my recent experience.
Last Friday I was driving myself and my wife home from a nice dinner date in Markham/Richmond Hill north of T-DOT, and I had two (what looked like) ETF officers "tail" me home and park on my driveway.
I had been driving southbound and reached a red light stopped in the right…
I have my trial date coming up next week. I got a ticket in North Bay, ON for driving 139km/h on a 90km/h. He was using a Genesis II directional radar. Tested it before and after the stop according to the notes. In his notes, he mentions the speeds that were displayed on the radar which were 140, 141, and 139. In his notes, he also mentions that the color of my car was blue when it is…
I paid my fines for 2 tickets; fail to provide ownership and fail to provide insurence. I now know i should have checked not guilty and mailed them in.
(the papers were in the car. I was looking for them but was distracted by a badgering 2nd officer who was attempting to identify my passenger. I found them when i stopped for coffee later.)
Now that you actually opened this topic and I have your attention
Please read all items below 1 to 8
1) If YOU start a THREAD/DISCUSSION for an incident - KEEP on ONE THREAD, even for no activity for several months or even just to keep updates for court steps, stay on one thread
HOW DO I FIND MY POST? >> TOP right of page is the following: view unread posts / view new posts / view…
I plan to request disclosure through registered mail or fax. I've tried requesting in person but got rejected because they told me I did not provide sufficient information on my Disclosure Request letter.
My question is, do they really need the officer's name and division when I provided them with the Offence Number, Offence Date, Charge, Court Date, and Location? Also they said they do…
Been charged with Careless Driving in a residential area.
1. The Officer has a Witness statement. If the Witness does not appear at Trail, can that statement be introduced at Trial by the Crown and used against me.?
2. The Address "Number" (the Street is correct) on the infraction does not remotely exist, is an empty field. Does this matter?
Is there a requirement for commercial vehicles to be maintained only by licensed mechanics (e.g., oil changes, tire rotations)? I'm working with Habitat for Humanity and we are looking into a cargo van for the ReStore; I'm more than capable of doing maintenance but I'm not sure if it is legal because I am not a licensed mechanic.
which I had not search.
Now that you actually opened this topic and I have your attention 