Failing to obey a stop sign - Highway Traffic Act section 136(1).
FirstTimeOffender
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Disobey Stop Sign - Fail To Stop (on A Snowy Day)

by: FirstTimeOffender on

Hi OHTA forum,

Got a ticket for the first time. Happened on Sunday night, right in front of the Air Canada Centre. I think the police officer was hiding in the dark close to the intersection. It was snowing pretty hard and visibility was low. When I approached the intersection I first didn't notice the stop sign, when I did, I pressed the breaks right away, but the car kept moving because it was really snowy and slippery. There was another car coming into the intersection from the different side already, so to resolve the situation safely, after I noticed the breaking wasn't working, I proceeded to carefully cross the intersection. The other car honked at me and a few seconds after the police car turned on its sirens and pulled me over 100 meters from the intersection.

Is there anything i can do at this point to drop or reduce the penalty given the situation?

Many thanks!

cibinv
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by: cibinv on

I don't think that is a good enough defense. You should have been driving with due car and attention due to the weather and road conditions. That with not noticing the sign equals a good careless driving charge. Go to court and see what they offer in exchange or take it to trial and request the officers notes. With that you may get a clearer picture of what you're facing.

bend
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by: bend on

Going through a stop sign without stopping is an absolute liability offense. It means you either stopped or you didn't. There's no middle ground or explanations. "I didn't stop but...." means you're already guilty. Even if you could provide an explanation, you should have been driving according to the conditions. If weather is a problem, drive slower.


If you're looking at the possibility of having your charge reduced, you can choose either an early resolution meeting or trial. They may or may not offer you something at both.

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