“Fail To Stop At Stop Sign”

The scenario:

My wife was driving eastbound on Carlton Rd and was stopped by an officer that told her she did not stop at the Stop sign at Pomander Rd. Which she did tell the officer that she did stop.

Aparently the officers car was on the other side of some hedges on Pomander Rd. where there was no clear line of sight as to where the white lines were located and from where he was located, he could only see the top of the stop sign.

The stop sign is located approximately 10 to 12 feet away from the large White strip on the road. This strip is not the smaller white lines that pedestrians walk between.

I don't know if these facts matter but on the ticket it says that my wife was travelling SB and Carlton Rd. goes East - West. and she was actually travelling Eastbound. The map of the area is below.

The officers car was parked approximately where the black car is on the map. And this happened on March 22, 2008 so there was lots of snow around.

Carlton Rd & Pomander Rd, Unionville, ON

Link: http://maps.google.ca/maps?f=q&hl=en&ge ... 6&t=h&z=18

I also have photos of the officer in the exact area on that day about 45 minutes after the ticket was issued, showing where he was parked and what he was doing.

Other questions are where are we legally supposed to stop? I thought it is the large white line and then move slowly forward to ensure the way is clear before proceeding?

Can I fight this ticket? What should I do and how do I go about it?

136. (1) Every driver or street car operator approaching a stop sign at an intersection,

(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 136 (1).

I would question the officer on the stand:

- From your position, could you see if there was a "stop bar"?

- If so, could you tell me where it is located, relative to the intersection?

- were there any visual obstructions? (show picks of hedge)

If the Crown is unable to prove the pertinent elements of Section 136, motion for dismissal based on lack of evidence.