What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle? This is where there's heavy traffic around 7:50 am on a one way and the police vehicle turned on the siren for 3 seconds then the motorist stopped at the curb briefly but officer didn't approach. Then proceeded for about 60 meters when the siren went off again and vehicle stopped.
What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Have you made a disclosure request? If not, you should be doing that first.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Yes, I have the disclosure. It includes the police officer's notes, the charges and a video of the incident only.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
If you can share the notes, please do.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
gp obs sil/gry honda sedan tag to rr nov 17. f/r exp 30 nov 2017
aee
veh conts
sound air horn...veh conts
sound air horn again. veh conts. full siren...lights always on veh stops, as i begin to exit scout car doo veh drives away
i return to my scout and follow this time cutting in front of the veh making it stop
f driver +2 occs
f drvr id3
o/s not val to rr exp nov stkr last stkr attached
f drvr g2 - conditions
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Notes are hard to decipher, every officer makes their own shorthand. Soundslike it took him forever to get you stopped then once he did, he exited his vehicle and you drove away causing him to cut you off and force you off the road. I'm flabbergasted how you did get fail to stop for police included...and with expired plates! Get a legal rep, this could be extremely expensive.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Thank you. I agree that there was a delay in stopping promptly. But if you watch the video, you'd see how busy the road was at the time at Keele St and York blvd near York University. It was early in the morning and extremely cold. I didn't hear the first two sirens at all. When I heard the third one, I promptly stopped. I waited for around 10 seconds but didn't see him exit his car at all. That's when I drove off believing that may be it was for another motorist. Then he suddenly went off again and before I cold stop, he cut me off. I stopped. All this took about 45 seconds. I never intended to fail to stop at all. I simply got mistaken after working whole night and rushing home to prepare kids to school and daycare.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
I don't know if legal representation is all that necessary, but that's up to you.
I believe 159 (1)(b) sits together with the "move over" laws. 3 demerit points for those. The high fine is due to increased public frustration within the last couple years for drivers who are oblivious to emergency vehicles.
As per the officers notes...
The officer activated lights and siren.
Vehicle continues. (1)
Officer activates air horn on top of that. Air horn is not his sirens. It's louder and more irritating.
Vehicle continues. (2)
Officer activates air horn again.
Vehicle continues (3)
Officer never turns off emergency lights and sirens.
Vehicle eventually stops.
Officer gets out of vehicle.
Vehicle continues (4)
Officer finally forces stop with his own vehicle.
Female driver plus two occupants. Expired sticker attached (November) and driver is carrying a G2, which of course is bound by certain conditions. I assume since you haven't mentioned it that the passenger restrictions were not an issue during this stop.
Here's the good news. It's 3 points and you avoid a 30 day suspension.
The bad news. You don't really have a defense here from what I can see so far. There is very little sympathy for those who ignore emergency vehicles and continue as if nothing is happening. I'm not sure why it's relevant that it's extremely cold. 45 seconds is an eternity for a vehicle to stop for an emergency vehicle.
There is little to no defense. Anything other than immediately pulling over and coming to a stop, regardless if the officer is pulling you over or trying to pass, is unacceptable.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Thank you for the honest reply and useful piece of advice. It's coming up next week. I'm going to try to do my best.
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Sorry...Correction: "I'm going to try and do my best".
Re: What are the possible defenses to failing to stop at the nearest curb for an emergency vehicle?
Wakili01 wrote: Thu Oct 25, 2018 1:13 pm
Sorry...Correction: "I'm going to try and do my best".
Actually, the first version was correct. Sorry, that's the teacher and picky grammar person in me.
Similar Topics
-
-
-
-
- Parked in wrong month, nearest sign 160 m behind car.
- Posted in Parking Tickets
- By rg57 on
- Replies: 2
-
-
-
- Failing to move to the right for emergency vehicle
- Posted in Failing to yield the right-of-way
- By Brian513 on
- Replies: 10
-
-
-
- Speeding Defenses + 11b Q
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By iFly55 on
- Replies: 7
-
-
-
- Failure to Stop and Yeild for Emergency Vehicle
- Posted in Failing to yield the right-of-way
- By orange5.0lx on
- Replies: 1
-
-
-
- Failure to Stop for Emergency Vehicle
- Posted in General Talk
- By TylerCollins on
- Replies: 26
-
-
-
-
-
-
- passing emergency vehicle
- Posted in Failing to slow and carefully pass a stopped emergency vehicle
- By NancyT on
- Replies: 23
-
-
-
-
-
-
-
- Passing an emergency vehicle
- Posted in Improper passing
- By douggydfresh on
- Replies: 1
-
-
-
- Red light camera ticket. Moving for emergency vehicle
- Posted in Red Light Camera Ticket
- By Jerry1010 on
- Replies: 9
-
-
-
- Emergency Vehicle and Intersection Rules??
- Posted in General Talk
- By Seanec on
- Replies: 4
-
-
-
- How to react for emergency vehicle coming from behind
- Posted in General Talk
- By Fin00965 on
- Replies: 1
-
-
-
- What to do when following an emergency vehicle?
- Posted in General Talk
- By neonaiken on
- Replies: 2
-
Featured Topics
Speeding 22km/h over the posted speed limit.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
100kph in a posted 80kph zone
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
Is this grounds for an appeal? (was kicked out of courtroom)
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
Speeding ticket questions
***** I previously posted this under "Speed Traps" by mistake ********
Hello all this is my first time posting here, I like what i've read so far. You all seem like a great bunch of people
.
I hope this is in the write section
I was caught by a speed trap and given a ticket for the following offense
exactly as written on the ticket:
"SPEEDING. 75 KM/HR IN A POSTED 60KM"
What I found odd was that the…
Accident ( Improper Right Turn charge)
Hello All,
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
seat belt exemption rule
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
INSECURE LOAD TICKET - ANY IDEAS?
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
The system works - it beat me down until I gave up.
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
I still have no…
No ticket yet but need lots of help!!
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
First Speed Ticket Reduced to 15km
Hi all,
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
think my car got wrongfully impounded
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Changed ticket
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
My Run in with HTA 172
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
Am I suspended?
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Advice Wife's ticket - 11b 120kmh (claim 134) Woodstock
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
Can DashCam video help?
Before the car started skidding the driver noticed unusual sound(something breaking) from under left side of the car. It is on the audio record too.
The driver got Careless driving ticket, $490. No check-mark on Witnesses field on the ticket.
No any other vehicles involved, nobody injured, the Dodge Caravan is totally crushed, the light pole broken.
Cant this record help to fight the ticket in the…
Careless Driving - with 3-Day Suspension alcohol warning
Hey guys,
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
Car got impounded
Hi there,
So I was driving my dad's car and it got impounded because I got a stunt driving ticket.
My dad is out of the country and my 7 day suspension is over a day before he gets back.
Would I still be able to pick the car up? It is at York Auto
The slip I was given by the cop has my name on it as well, as I am under the insurance.
Received suspension because notice sent to old address.
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
police officers have been told to issue more traffic tickets
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
Drive Without Proper Lights - Mistake by officer
Good evening all,
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
Traffic Ticket and lying Prosecutor
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Judge: ok, lets…
Advice Needed: got a summons for improper left turn 141 (5)
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
No ticket was given at the time of the…
Longboarding and the Highway Traffic Act
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
once i got my appeal date --what happens at court?
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
