Ontario Highway Traffic Act

Unread post by **kkms** » Mon May 18, 2015 6:06 pm · Mon May 18, 2015 6:06 pm

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

Unread post by kkms » 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

Unread post by **iFly55** » Mon May 18, 2015 9:38 pm · Mon May 18, 2015 9:38 pm

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

Unread post by iFly55 » 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?

Unread post by **kkms** » Tue May 19, 2015 8:36 am · Tue May 19, 2015 8:36 am

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

Unread post by kkms » Tue May 19, 2015 8:36 am

Thank you so much!! and yes it was hand written! If you or anyone else has anymore information as to what I should do from here on that would be grreat!!

Unread post by **kkms** » Tue May 19, 2015 12:18 pm · Tue May 19, 2015 12:18 pm

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

Unread post by kkms » Tue May 19, 2015 12:18 pm

this is the ticket

Ticket deleted by forum moderator to protect identity of the OP

Unread post by **argyll** » Tue May 19, 2015 3:23 pm · Tue May 19, 2015 3:23 pm

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

Unread post by argyll » 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 !

Radar Identified · Tue May 19, 2015 4:05 pm

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

Unread post by Radar Identified » 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.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca

Unread post by **jsherk** » Wed May 20, 2015 5:25 pm · Wed May 20, 2015 5:25 pm

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

Unread post by jsherk » 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 +++

Unread post by **ynotp** » Wed May 20, 2015 5:33 pm · Wed May 20, 2015 5:33 pm

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

Unread post by ynotp » Wed May 20, 2015 5:33 pm

I agree, it does not resemble an A in any way.

Since it has a plate number on it, can someone please delete this photo?

Radar Identified · Wed May 20, 2015 8:50 pm

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

Unread post by Radar Identified » 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.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca

Unread post by **RonK** » Thu Jan 02, 2020 12:48 pm · Thu Jan 02, 2020 12:48 pm

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

Unread post by RonK » Thu Jan 02, 2020 12:48 pm

Hello, iFly55

I am wondering did you win the Ticket?

I have the same Error on my ticket.

136(1)(c), if you could let me know that would be awesome.

Thanks Ron

Ontario Highway Traffic Act

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

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