I've been reading this site while waiting for my court date. My court date came in 2 weeks ago, and it is for August 22, 2011.
Brief first, than charge.The Brief
Leaving my house to go to friends going away party.
Exit drive way, drive about 2/10s of a kilometer to stop sign. This is a stop sign I have been approaching since I was 16, and in the past 5 wears almost daily for school/work reasons. I am aware that is is a dangerous corner, as many people do not stop for the stop signs, drive through and get t-boned. It happened to my grandma a couple of months earlier on her way to visit (someone ran the stop and hit her). I know exactly where to look, and because this is so early in my drive and performed so often, I have become very good at checking the intersection upon and after approach.
I take notice of a automobile approaching that is approximately .3-.4 kilometres away. I measured with my car, as well as using google maps. The car is a comfortable distance away. On the included picture in this post I have marked where the Cruiser was in relation to where I was for the infraction I was written up for. The other marking on the far right is where I was finally pulled over. There was no chase. His lights were turned on where marked on the map and I pulled over as soon as possible. In fact, as I saw the headlights behind me approaching at a great speed, I lowered my speed and prepared to pull over to let the emergency vehicle pass. However, he was speeding up to pull me over.
He asks me why I was pulled over, I assume it was because I was speeding. I was going travelling over the limit at the time, but nothing outrageous. 15 over max. The officer states I ran the red light. Since it was not on my mind and I do this drive so much, it is not a clear memory in my mind as to whether I came to a complete stop at the intersection. I am almost certain I never admitted fault on that, but never really admitted I didn't do it either. I let the officer dictate my actions. The entire time I was completely co-operative, respectful and polite to the officer.The Charge
He comes back after taking my license/registration and hands me a ticket for $110 Sect. 136(1)(a): Disobey Stop Sign, Failure to Stop. He also tries to scare me into paying the ticket by saying that I was lucky I didn't get booked for speeding. He never references how fast I was going, just that I was indeed speeding (I did some research and found out that I cannot be subsequently booked for speeding if I was not at the time, only if I was booked for speeding and given a reduced charge could it than be added back to the full charge. Is this correct?)
I am planning on fighting this (as I have already stated above).
My defence so far will rest on the distance the officer was when viewing the offence he wrote me up for, as well as the distance I was pulled over for my offence. The distance was over 1 kilometre away from the scene (again I was not running, but this was a by-product of the distance the officer was at the time of his viewing).
Another tidbit: The perceived offence took place at 9:50 pm in March. It was quite dark outside. There is a single light at the intersection, and that is it. It should be noted that the light is not always on and seems to sometimes be on and sometimes be off. At the time of the perceived infraction, it was off. It is in the country where there is not a lot of light pollution. Darkness would have definitely played a part on the accuracy of the viewing of my perceived infraction from the officer's distance. This is reinforced by the distance I was pulled over from the scene.
Do I have a case here?
Is it sure that the speeding offence cannot be brought up in court since I was not ticketed for it at the time? I am preparing my disclosure request letter at the moment, as well as my defence.
(I do have some experience fighting tickets in court, as I successfully fought a speeding ticket over 3 years ago. My record is currently clean as a whistle. My main concern is points, as insurance is not cheap for 25 year old male drivers. I am nonetheless somewhat excited to fight this. I feel like I'm doing my civic duty in some ways.)
Any advice is lovely.
Here is the appendix:
The perceived offence on google maps for further reference.
p.s. Sorry for the length. I just want to make sure I included enough details for you.