Topic

Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Author: Clockwork Orange


Clockwork Orange
Newbie
Newbie
Posts: 10
Joined: Fri Sep 17, 2010 5:13 pm

Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Clockwork Orange »

In September I received a ticket for failing to stop at a stop sign. Looked through similar cases on this forum and at ticketcombat but couldn`t find cure for my case… except for the following. The officers (there were two of them) in the police cruiser could not see my car all time from the moment I (allegedly) failed to stop till I was pulled over two intersections later. They definitely lost me out of sight for awhile, and since I drive a 2006 grey Corolla (god knows how many Corollas on roads these days!), I want to cast a reasonable doubt that they stopped the right car as I definitely obeyed the sign. What are my chances? Thank you. I attach a picture that may be of help.



Image
diehard
Member
Member
Posts: 149
Joined: Wed Nov 25, 2009 10:28 am

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by diehard »

Was that Sept 2010?

Did you request a date for trial? (option 3).

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Radar Identified »

Once you get your trial date, file for disclosure of the evidence against you. In this case, you want the officer's notes. You want to see if the officer lost sight of your vehicle. If the officer did, you might be able to make a case that they stopped the wrong vehicle. However, if the officer's notes look pretty solid, you might want to think about plea-bargaining to a lesser offence... that is, if the officer shows up for trial.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Clockwork Orange
Newbie
Newbie
Posts: 10
Joined: Fri Sep 17, 2010 5:13 pm

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Clockwork Orange »

Radar Identified, thanks for your reply. The disclosure request is on my agenda. However, I do not expect to find in oficer's note smth like "Lost sight of gr. Corolla for 15 sec. Pulled over corolla lic. plate XXX". Sounds ridiculous to me. I'll wait till I get disclosure.

Thanks again

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Radar Identified »

Of course the officer would not likely write "lost sight of vehicle." What you want to see is if "stopped without sight lost" is missing.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Clockwork Orange
Newbie
Newbie
Posts: 10
Joined: Fri Sep 17, 2010 5:13 pm

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Clockwork Orange »

Thank you Radar! 6 months past. Not a word of trial. Should I do something? Call them?

Thanks.

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Radar Identified »

Call Court Services and see how it's going. It isn't unusual in Toronto for them to take 8+ months just to schedule a trial... but I'd make the call anyway.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Clockwork Orange
Newbie
Newbie
Posts: 10
Joined: Fri Sep 17, 2010 5:13 pm

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Clockwork Orange »

Requested disclosure a month ago...

Came back from vacation the other day to find a message on my phone where I was asked to come to the office to pick up my disclosure.

Guys, what do I do? Can I expect disclosure to be sent to me as I sent request? Again, it's work time when I can pick it up. Can I disregard the message?

Thanks!

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Radar Identified »

Go pick up your disclosure. I wouldn't ignore the message. It won't help you.


Take a look and see if they've provided you with proper disclosure and go from there.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Clockwork Orange
Newbie
Newbie
Posts: 10
Joined: Fri Sep 17, 2010 5:13 pm

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Clockwork Orange »

Got my disclosure.....

It reads the following:

"3206 - I pass.

2006 Toyt 40 Corolla Sil

{picture of the intersection}

- slow to 20km.hr.

n/b at stop line

-FTS"


My questions are:

I pass - he passed smth. or one passenger?

I was on my own...

what is FTS?

and: Do I atsnd a chance if I insiist it was another car?

Thank you guys!

manwithaplan
Jr. Member
Jr. Member
Posts: 77
Joined: Sat Feb 05, 2011 4:21 pm

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by manwithaplan »

"FTS" would most likely mean "Fail To Stop", seeing as that's the offence you're being charged with..... As for the rest, I dunno. I recently got disclosure for a ticket, and had to get an ex cop at the paralegal firm I'm using to decipher it for me.

Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

Posting Awards

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Stanton »

If it's Toronto Police, I'd guess 3206 is the cruiser number. 32 is the Division number (looks like 32 division according to your map) and 06 is the cruiser/zone number.

1 pass is probably short for passenger, and is referring to the fact he has another officer in the cruiser with him.

And FTS definitely is fail to stop.

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Re: Disobey Stop Sign - Sect 136 (1) (a) – Was It Me?

Unread post by Radar Identified »

3206 would be a TPS cruiser number.


Interesting that he did not write down "stopped vehicle without sight lost" or words to that effect...

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Post Reply
  • Similar Topics

Return to “Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal”

Who is online

Users browsing this forum: No registered users and 8 guests