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?
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.
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.
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.
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.
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
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.
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.
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.
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.
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".
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?
Actually, the first version was correct. Sorry, that's the teacher and picky grammar person in me.
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
Featured Topics
No time to file for disclosure
Hey,
I got a speeding ticket in a speed trap for 66km/h in a 50km zone, which i do not beleive i was going that speed. I was in the right lane, and there was another vehicle in the left lane, and the officer pulled both of us over. When the officer approached my vehicle and asked for my licence and registration he mentioned that he clocked me at 66km/h and the other vehicle to my left at 72km/h. I…
Parking near a fire hydrant
I live in Ottawa, Ontario (Canada).
I got slapped with a ticket of $45 for violationing a Bylaw when I parked on a street infront of my doctors office.
I parked within 3 M of a point on the curb or edge of roadway opposite a fire hydrant.
Here's the details:
I find a parking sign on the road that says NO PARKING < , which means that I can park to the right of the sign. So I park on the right…
Summons to Witness
I was hit while driving. It was the other guy's fault and he was charged with careless driving.
I have just received a "summons to witness". The summons threatens all sorts of dire consequences if I don't show up to court.
The problem is that I don't want to show up to court. Besides being difficult for me, the other driver is an acquaintance, and I would rather not see him get into trouble. His…
No full disclosure provided after 2 court appearance
Hi Everyone,
I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
The second court date no video disclosure, I asked the…
63 in a 40 - York Univ + Failure to Surrender Insurance
Hi there,
19 year old G Driver
Today I received a speeding infraction on shoreham drive near York University. A speed trap had been setup.
The infraction is 63 in a 40 as the officer stated it was a school zone. Also the insurance card that was in the glove box (parents car) was expired so a further infraction was issued. The officer stated that since I was a student he would cut me a break if I…
When can a child sit in the front seat?
Good morning everybody.
Does anybody know when a child should be allowed to sit in the front seat of a car?
I tried looking around for answers but nobody has a definite answer.
I've heard different answers ranging from age 8 to age 14.
I know air bags can cause serious injury to children and sometimes it can be fatal.
However I can't find any law that sets out the guidelines.
Any help is greatly…
Drive hand held communication device
I've been stopped and fined for driving holding a communication device.
The first thing the officer said was "you were texting". I was actually in a conversation in a hands free mode (speakerphone):
"Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2."
The…
School bus moving with flashing red lights - but not stopped
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming school bus initiates the lights while approaching the intersection, but is still moving and has not come…
Parking in fire route + 114(18)
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
115 On Highway 401
Hey everyone, sorry if this is the wrong section for this (i'm a new user 
)
Well today as I was coming home from class, I was travelling at about 116-118 and police officer was driving in the express holding up traffic and I didn't really see him. So as I go to pass in the middle lane we started going down a slight hill (before the service centre on townline exit); I didn't want to apply my…
Brief questions about next steps for stunt-driving summons
I am new to the forum and am hoping for some guidance from forum members. Having recently been charged with Stunt Driving (speeding 157 in 100 zone on Hwy 407) and received a summons (for about a month from now), I had the following questions that I would be gracious for some feedback:
a) what is the actual process for next steps? My understanding is that when I appear at the summons, it is not a…
Car Windows Tints allowance in Ontario (mississauga,gta,etc)
I currently drive a honda civic, with tinted windows. It is 35 % in the front and 20% in the back. however, i got a ticket due to a police officer said the front tints were to dark and he could not see me (at 4 pm, broad day light). Is this ticket unnecessary? and what is the legal limits?
The ticket said: Colour coating obscuring interior
obstruct plate
I got a ticket for obstruct plate on morning of Feb 4 2009. I was driving in front of a police officer who was wearing sun glasses. He pulled me over and insisted he cannot see my plate but it was just some dirt or salt. Is it possible for me to fight the ticket? Also I went on york.ca to check the ticket but it says that the offence not found. It has been over 10 days since i got the ticket so I…
Charged with HTA 136 1 9 disobey stop sign, failed to stop
Was charged with not stopping for stop sign that I believe I stopped. I have searched the section number on the Internet and find no results for that charge. I have found HTA 136 1 A and HTA 136 1 B so what is HTA 136 1 9?
CVSA/CMV Info
Is anybody interested in CVSA or commercial motor vehicle stuff? This was my specialty in policing. I can write some articles about weights, measures, documents, etc, if there's an audience for it.
Can an unlicensed/uninsured car be towed by another car?
We have a vehicle which needs to go to a repair shop before it can be licensed. The shop is 10km away. Can a licensed vehicle tow it to the shop? We are hoping to avoid paying for a lift truck to transport it.
Along the same lines, would the laws be different if a farm tractor or other slow moving vehicle were doing the towing? This is a rural property.
Thanks.
Trying to get a stay for expired plate. Need some guidance.
I had a perfect driving record. I am in the process of applying for a really good job that takes about year to go thru the application process. One of the conditions is to have a perfect driving record - spotless.
I got a ticket for "operate motor vehicle, no valid tag". The plate was expired. I was driving someone else's vehicle as a favour to them.
I requested a court date. I got the date. I…
Paid Tickets
Here is my problem. I got two tickets
1. Driving without insurance slip ($120)
2. Fail to have 2 license plates ($120)
Both tickets can be dropped by prosecutor, because I got these tickets before and they just dropped it, when I showed a picture that I put my plate back on and I got the insurance slip.
I set a court date to fight the tickets, because I did not have time to meet with prosecutor. I…
deciding what to do
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
Need some advice on Court proceedings -very confused
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
74 in a 50 trial date today, a few quick tips?
Hey all
found this resource online, wanted to ask a few questions
I have my trial today, march 3rd in TOronto East
I got a speeding ticket APril 6th 2009 at 1:12am East bound on the BLoor Viaduct, 74 in a 50, officer was using Lidar and ran out in the middle of the street to stop me 
the trial date is today.
I already have filed for an 11b a few weeks back by serving the prosecutor and mailing the…
alcohol dependence - suspension... PLEASE HELP!
Ok story starts as this. I admit, I wasn't the smartest!!! lol
I was helping people move on saturday, had a few drinks. Went out for a night dinner with the wife for date night, had a few more drinks at dinner... but nothing extreme. Got home felt tired and we had people coming over so I downed a Red Bull, first stupid mistake, then after they left i went to the bathroom and fainted, was…
Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.
Here's the situation. I entered the 401 heading east. After a minute or two I was on the left lane a few car-lengths behind a marked cruiser. He was driving annoyingly slow in the left lane, maybe 110km/h, even if that. (I saw something in the HTA that slower traffic must keep right according to the current flow.) That's why I thought it was 'safe' to pass him. After about 20 or so seconds…
MTO gave me the wrong sticker - place your bets!
So I have an vehicle which I don't drive over the winter. My birthday is in November. So, to save some cash flow before Christmas, in November 2018 I chose not to buy a sticker, knowing full well that when spring came I would still need to pay the $120 for the period November 2018 - November 2019.
Fast forward to last week, now we finally have some decent weather, I go to the ServiceOntario…
HTA 144(7): Fail to Yield to Pedestrian - left turn, dashcam
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…
