Start from stopped position - not in saftey

Dan Charlebois · Joined: 05 Apr 2008 Posts: 2 Location: Ottawa

I'm not certain i f this is the right sectionto post this. I was ticketed last week and I think it is bogus. Here is what happened:
·Picked up a friend @ 5:45
·Driving down Steeplechase Dr. in Kanata,
·Approached the 4 way stop intersection at Stonehaven Dr. @ 5:50 pm with my turn signal on. All 4 lanes have dividing medians.
·I was turning left.
·The only traffic was 2 cars to my left. The first car to the left was just starting to move forward from his stopped position into the intersection, as I came to a full stop at the stop line.
·Behind him was the Officer’s unmarked police car.
·At the point where the car crossing the intersection was directly in front of my car, I took my foot off my break pedal and started rolling forward
·By this time the Officer’s car had come to a stop to my left
·After the car had cleared my lane into the intersection, I accelerated forward
·Once I was about 5 feet into the intersection I realized the Officer’s car was moving forward, I continued knowing I had the right of way
·At the point my car was directly in front of the Officer’s car, he honked his horn
·I continued and finished my left hand turn as the Officer turned on his red lights and U-turned.
·I turned right into the Eva James Recreation center driveway about 50 feet down the road and stopped
·I rolled down my window and waited
·The Officer approached and told me that I did not stop at the stop sign before entering the intersection
·I told him that I had fully stopped
·He became firm, raised his voice and said he saw that my tire never stopped rolling and that I did not come to a full stop
·I said the I was sorry but I had come to a full stop
·He requested my license, insurance and registration
·The Officer looked them over and said that he was going to issue me a ticket
·He turned and went back to his car
·5 minutes later he returned and explained the ticket and my options and returned my license, insurance and registration and went on his way
·The ticket indicated my offence was “start from stopped position, not in safety” and sighted Section 142 (2) of the Highway Traffic Act.
·He was sufficently agressive that I did not argue why he changed from me failing to stop, to this other charge.

I plan on fighting this in court, and I want to get an opinion to insure my success. My passenger friend has already agreed that he will attend court with me to testify. My friend indicated that he saw the officer, looking downward, presumably looking at his computer screen (I did not see this). I just noticed that the Officer on the ticket clearly indicated that there were no witnesses. Was the Officer lying or can a passenger not be a witness? What effect does the Officer changing his story have on all this?

Advice would be greatly appreciated.

Thanks
Dan
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DanC

Bookm · Joined: 22 Jan 2008 Posts: 87 Location: Stratford, Ontario

Fight the ticket. I've won much harder ones
Write out a list of questions to ask the officer on the stand.
Take your passenger as a witness.
Call your witness when the JP indicates it's your turn to put on a defense.
Be sure to ask questions that will reflect the change in stories.
Summarize your case with a good closing argument (when instructed).
Have Fun!
Good Luck
Book'm (not a lawyer, just a guy who stands up for himself)

Dan Charlebois · Joined: 05 Apr 2008 Posts: 2 Location: Ottawa

Thanks for the reply. I plan on having fun with this.
What are your thoughts on the fact that the officer did not indicate on the ticket that there were witnesses. Will the crown question the difference and not allow my witness to be heard?
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DanC

Bookm · Joined: 22 Jan 2008 Posts: 87 Location: Stratford, Ontario

The ticket probably infers that HE has no witnesses.

The Crown is not in charge of the trial. The Justice of the Peace (JP = Judge) is. The Crown is the attorney who's job it is to convict you. He/she does this by questioning his own witnesses (usually just the cop) under oath during the actual trial. After the Crown is done questioning him, then you get to ask the cop your own questions. When you are done, the Crown may have one or two more questions for the officer, then they will rest their case. Now YOU get to present YOUR case by calling witnesses (your passenger) and asking them questions. When you are done, the Crown gets to have a go at him. Be advised the Crown is a skilled attorney, so make sure your witness does not get caught up in a lie. After both sides have no further questions, the trial moves to Closing Arguments. The Crown goes first and tries to show, by the evidence, why you should be found guilty. Then you get to point out the flaws with the Crown's case, and explain why you should be found not-guilty. Then the JP makes his/her ruling. If you're found guilty. he will ask if you'd like more time to pay (3-4 months). If he rules in your favor, you'll be excused from the court.

I know it looks like the Crown is in charge because of all the pre-trial organization he does, but once the court is in session, he is your adversary. So don't feed him any information before trial. He WILL use it against you.

Don't sweat the "procedures" to much. The JP will recognize that you're new and will guide you through the various stages of the trial.