Failing to obey stop sign: Section 136(1)(a) or (1)(c)??

kkms
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Failing to obey stop sign: Section 136(1)(a) or (1)(c)??

by: kkms on
Mon May 18, 2015 6:06 pm

I'm really not sure what to do and I need some guidance. So the other day I was driving home and I was passing by an all stop sign in Mississauga, I saw from ahead that there was no one there so I did sort of a rolling stop for literally the first time ever cause I was in a hurry to get home, and just my luck there was a cop hiding in the side. I got pulled over and got a Section 136 (1) (a) ticket for a $110. So I figured I'd pay the fine and be done with it, but I was doing some research and found that it comes with 3 demerit points?! But I looked at the ticket again and it was Section 136 (1)(c).. C!! Does anyone know what this means? I have no idea what to do, I'm the second driver for my dads car and I just finally got the courage to drive again after a got into an accident a little while ago (I was not at fault) and this happens now. I am completely devastated and I don't want to tell my parents any of this, but I'm scared they will find out.. is there anything I can do? How much will my insurance go up (My parents are with statefarm but it recently got bought by desjardins) Please help :(


iFly55
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by: iFly55 on
Mon May 18, 2015 9:38 pm

http://www.ontariohighwaytrafficact.com/topic1965.html

I believe this is a fatal error. HTA S136(1)(c) does not exist and is not known to law: http://www.ontario.ca/laws/statute/90h08#BK212

Disobey Stop Sign is S136 (1)(a)

You've gotten extremely lucky, please search the forums on how to introduce a forced fatal error. We have many many threads that will walk you through the very simple process.

Here's a recent thread: http://www.ontariohighwaytrafficact.com ... tml#p34472

Was your ticket hand written?






argyll
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by: argyll on
Tue May 19, 2015 3:23 pm

With handwriting it's tough because the argument could be made that's a very scribbled 'a' just not completed. It does look more like a 'c' for sure but it's not a slam-dunk like it would be if it was typed.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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by: Radar Identified on
Tue May 19, 2015 4:05 pm

That looks like a "c" to me. I'd call it a fatal error. I'd follow iFly55's advice.
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by: jsherk on
Wed May 20, 2015 5:25 pm

Yes good potential for fatal error!

So to get a fatal error to stick, you can NOT take it to trial. If you take it to trial they could amend the ticket and correct it. If you do not go to trial they can not amend it.

Hopefully JP will see the error and scrap the ticket. If not, you can appeal the decision.
+++ This is not legal advice, only my opinion +++




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by: Radar Identified on
Wed May 20, 2015 8:50 pm

Now that we all agree that the ticket has a fatal flaw, the pic was deleted.

I think you're in luck.
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