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Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The Line?

Author: smaps


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smaps
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Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The Line?

Unread post by smaps »

Hi all,


I was recently stopped and ticketed: Disobey Stop Sign - Stop Wrong Place HTA 136 (1) (a). The charge is $110 and 3 points. It was at a 4-way intersection, and I came to a complete stop, but it was maybe 3-5 feet over the line. The officer said it was on video. I'm an M1 rider with an otherwise clean record.


Is this worth fighting?


Thanks,

SM

jsherk
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Re: Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The L

Unread post by jsherk »

It is always worth fighting.


Choose Option 3 NOT GUILTY and request a TRIAL with the officer present.


Once you get your trial date, request disclosure which will include the officers notes AND a copy of the video.


After you get disclosure, then you can decide whether to proceed or not.

+++ This is not legal advice, only my opinion +++
iFly55
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Re: Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The L

Unread post by iFly55 »

I recommend when riding your bike, to stop behind or at the line and make sure you put at least one foot down.


Have you taken a motorcycle safety course for your M1 exit? I highly recommend it.

smaps
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Re: Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The L

Unread post by smaps »

iFly55 wrote:I recommend when riding your bike, to stop behind or at the line and make sure you put at least one foot down.


Have you taken a motorcycle safety course for your M1 exit? I highly recommend it.

No, not yet. I literally wrote my M1 two days ago. I'm back home visiting family for a few weeks and was riding my brother's bike; clearly I'm still getting used to it. I told the officer this but he didn't seem to care.


For the record, the 4-way was clear, except for a truck I was following.


jsherk wrote:It is always worth fighting.


Choose Option 3 NOT GUILTY and request a TRIAL with the officer present.


Once you get your trial date, request disclosure which will include the officers notes AND a copy of the video.


After you get disclosure, then you can decide whether to proceed or not.

Thank you for the advice.

smaps
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Re: Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The L

Unread post by smaps »

UPDATE:


My court date is tomorrow morning. I have yet to receive disclosure, which I requested over a month ago. I have a couple questions:


If the case is not adjourned due to lack of disclosure, can I argue for leniency? I've had my G license for almost 10 years, never been pulled over, not a single ticket, yet I had my M1 for just two days and stopped my (brother's) bike just over the line at an empty 4-way stop. Is it worth it to point this out? Or that I'm a recent college grad with student loan repayment eating up most of my cash?


Is there anything else I can/should do?


Thanks

SM

jsherk
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Re: Disobey Stop Sign 136 (1) (a) -- Stopped Just Over The L

Unread post by jsherk »

If they give you disclosure tomorrow at court and you ask for an adjournment and the JP does not give it to you (which would be surprising), then you have a great slam dunk case that you should be able to win on appeal.

+++ This is not legal advice, only my opinion +++
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