Search found 10 matches

by Eclipse2017
Fri Nov 10, 2017 2:46 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

any opinions on my disclosure? been charged with failure to yield...although it appears the officer has notes on failure to stop (and failure to stop was what was discussed during the traffic stop).
by Eclipse2017
Wed Nov 01, 2017 5:04 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

i was also offered "disobey lane light"....what's the advantage of accepting that plea?
by Eclipse2017
Wed Nov 01, 2017 3:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

had trial today. received adjournment and finally got my disclose. officer is claiming i went through the stop. is the "failure to yield" charge, the correct charge? why wasn't "fail to stop" levied? can either charge be laid when going through a stop sign?
by Eclipse2017
Mon Oct 30, 2017 4:40 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

any other opinions on how to proceed. trial is 2 days from now. asked for disclosures 3 times..nothing received. although disclosure in peel taked 6-8 weeks and my trial was scheduled in 8 weeks. we're moving 2 hours away in 3 weeks.......is a dismissal warranted? or is it expected i return to peel ...
by Eclipse2017
Wed Oct 25, 2017 9:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

Thanks for the help thus far. Three questions. 1. What is the official charging document......the Certificate of Offense (ticket issued by the officer) OR the Notice of Trial. In my case, the charges listed are different on each document. 2. At my trial next week, do i tell the prosecutor that I hav...
by Eclipse2017
Mon Oct 23, 2017 12:20 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

sooooo....9 days til my trial.....still haven't received disclosure after 2 attempts made sept 5 and oct 20........i guess i attend court and ask for a new trial date? I'm moving 2 hours away next month....does that impact anything?
by Eclipse2017
Thu Sep 21, 2017 6:46 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

On an older post, someone described the same scenario. They however claim that the original ticket, or certificate of offence, is the official document that lists the correct charge. If the Crown did want to change what you were charged with, they would have to withdraw the original one in Court, th...
by Eclipse2017
Tue Sep 05, 2017 12:57 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

UPDATE: Original ticket was written as Disobey stop sign - failure to stop contrary to HTA 136 (1) (b). I request a court date......today i received a notice of trial. On the Notice of Trial.....the charge has been changed to FAIL TO YIELD...contrary to 136 (1) (b). how do i handle this ongoing disc...
by Eclipse2017
Sat Aug 26, 2017 8:30 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Re: Failure to stop. 136(1)(b)

thanks for the input so far. still seems to be confusion for everyone. i still can't figure out what exactly ive been charged with. what takes precedence.....the wording of the offense or the section quoted? how should i proceed? meet with the prosecutor first to determine the charge or go straight ...
by Eclipse2017
Mon Aug 21, 2017 7:43 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
Replies: 20
Views: 10065

Failure to stop. 136(1)(b)

Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b. Doesn't 1361b mean failure to yield? Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?

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