Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 3 posts ] 
  Print view

Fight it or plead it : Failing to yield 136(2)
Author Message
PostPosted: Thu Feb 25, 2010 4:27 pm 
Offline
Newbie

Joined: Thu Feb 25, 2010 3:50 pm
Posts: 1
Firstly, thank you for this helpful forum as it has gotten me this far in my process to "engage" the legal system for a ticket received for Failing to Yield.

It was a few months ago now. When driving northbound on a residential road, I pulled up to a stop sign to turn right. I noticed a SUV to the left which appears to be rolling to a stop. Judging that I had the right of way, I proceeded. A police officer was stationed to the right side and pulled me over.

The officer alleged that I had failed to yield to the SUV and that he had right of way. We received the officer's notes from our requested for disclosure. It states the SUV had come to a stop and that my car was travelling "fast" and "dipped" when coming to a full stop. I then proceeded before the SUV, thus violating the law.

My strong impression of the events is that the SUV had not come to a complete stop, therefore I had obtained right of way first. In fact, I counted to 3 before proceeding as I usually do. I don't believe that was driving fast, but looks like the officer wants to paint an ugly picture here.

In the end, the paralegal services hired recommended that we plead for a lower charge as it is unlikely we could win.

Based on your collective wisdom, should I fight it or plead it? Your help is greatly appreciated.

Sincerely,
J


Top
 Profile  
 
PostPosted: Fri Feb 26, 2010 10:55 am 
Offline
Jr. Member
User avatar

Joined: Fri Jan 29, 2010 2:05 pm
Posts: 94
PAralegal said plead it out? Seriously dont pay for this guy. you can plead it out easily yourself, the prosicution will usualy offer something as a deal.

Ask your paralegal "If I stopped legaly, (ie your innocent) then why would I plead guilty to anything?"


Top
 Profile  
 
PostPosted: Fri Feb 26, 2010 1:23 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2392
Location: Toronto
jeffc wrote:
My strong impression of the events is that the SUV had not come to a complete stop, therefore I had obtained right of way first.


If he reached his stop line first, even if he was still moving, he had right-of-way. If not, then you had right-of-way. If you both reached at the same time, you should have right-of-way (vehicle on the right rule). Did you reach your stop line before he reached his?

_________________
* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Failing to Yield from a driveway

NB1

5

747

Thu Nov 04, 2010 4:25 pm

Traffic Law View the latest post

There are no new unread posts for this topic. Failing to Yield to traffic on a through Highway

yaris15

2

796

Thu Aug 27, 2009 7:01 pm

Radar Identified View the latest post

There are no new unread posts for this topic. fail to yield

iminnocent

1

172

Thu Nov 10, 2011 9:12 am

hwybear View the latest post

There are no new unread posts for this topic. Failed to yield to traffic

Booger

4

1318

Mon Dec 01, 2008 9:52 am

Bookm View the latest post

There are no new unread posts for this topic. Fail to yield from driveway

ross

3

1085

Wed Aug 19, 2009 8:13 am

Bookm View the latest post

 


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: