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.
Yes, I have the disclosure. It includes the police officer's notes, the charges and a video of the incident only.
If you can share the notes, please do.
gp obs sil/gry honda sedan tag to rr nov 17. f/r exp 30 nov 2017
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
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.
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.
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.
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.
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.
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