Faliure to stop at a stop sign!

Dharav4141
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Faliure to stop at a stop sign!

Unread post by Dharav4141 on

I am a 17 year old teen, insured on my dad and mom insurance. I am a occasional driver with the G2 licence.
I was returning from groceries.
This is what happened!

So is this a good case to present to the prosecutor.
Also can I choose option 2 and option 3 from the ticket given to me.
On the date of 30th Nov 2012, at precisely 4:12 PM, I was pulled over to the side of the! The road being **** Avenue, on which I was travelling west. I stopped, to right side of the road and rolled my left side windows down. Then I turned the car off and turned the hazard light on. The officer walked over to me from her vehicle and I handed her my Insurance card and my G2 drivers licence. The officer asked me "Do you know why I have stopped you". I replied "No ". Officer added "You didn't stop at the stop sign of **** Road". Then I added "Officer I did, I did stop". Also the officer asked me "Is this your first time being pulled over". I replied "Yes!". Officer then asked me for the proof of ownership. Being stopped for the first time, I did not know what such paper was, but I pulled the binder of "car papers" from my glove compartment, and started to look through the titles of the pages. Officer then said "It is a green paper". Being inside the car, there was insufficient light and I could not tell apart from the papers. But the officer being on the outside gently took the paper out of the binder and said this is the one. She then left to her car. The window of the car remained open all the way during the full conversation. Officer then retuned back to her vehicle. Officer returned back to my cars left window on approx. 4:21pm, with four pieces of information. Officer had my G2 drivers licence, my insurance car, proof of ownership and a two paged paper, that appeared to be green I colour. Which was later confirmed by me that it was green. Officer explained to me what the process of this was but only vaguely. Officer then told me if I had any question. I did, so I asked" What is the process of the ticket? How do I pay $110? Can you please speak to my dad? Can you please explain to my dad what I received? Officer said the process of the ticket is on the back, and added that most people go for option 2 most of time but I may apply for a court date at the provided address. Officer also said she will not talk to my dad as I am 17 Years old. But I still insisted, please tell my dad what happened. She said you're old enough and you can take this to your dad and you can talk to him. Being very puzzled, I asked her if she can show me what I did wrong. Officer said I didn't stop at the 3 way stop sign. I told her I did, as law says you have to stop at the stop sign before the marker "the white line". I asked her if I can step out the car and she the stop sign. So she allowed me to step out, and I saw the way of the sign, but being the time of dusk, visibility was well before the stop sign. I then sat in my car and she said "Bye". And I continued on.

Inside my car when i stopped from a speed of 35 to 0, the car jerked back as it came to a stop. Thus the car leaned forward when I stopped, and when it leaned back i let go of the foot brake and the car moved by it self. From the inside for a brief moment 2 sec to be precise the car to me was stationary to what was on the outside, when I jerked. I continued on and i I was stopped. Therefore I feel that the officer saw what looked like a movement of the car was in fact the displacement of the cars body on the jerk forward. and it made it worst as at optimal displacement forward I moved forward by letting the brakes go.


Ontario Highway Traffic Act
Part X
Rules of the road.

"Stop at through highway
136. (1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 136 (1)."
My Scene My FACT.
Therefore, this means that if there is no hazard to proceed, as long as you came to a complete stop, you can legally continue on your way without stopping for a specific value of seconds!

SO as a procutor would you drop my charges, i have a clean record, my mom dad have clean record for 10 years!


Stanton
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Unread post by Stanton on

You're correct in that there is no requirement to stop for "X" seconds, you simply need to stop. You can proceed immediately assuming there's no other vehicles or persons with right of way.

I'm not sure I follow why you think the jerking motion of your car would have confused the officer. If I understand correctly, the motion you're describing would actually help confirm you did come to a full stop.

As for your last question, the Crown will not simply drop the charges based on your explanation. You'll have to go to trial and see if your explanation is sufficient to raise reasonable doubt.


Dharav4141
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Unread post by Dharav4141 on

Stanton wrote:You're correct in that there is no requirement to stop for "X" seconds, you simply need to stop. You can proceed immediately assuming there's no other vehicles or persons with right of way.

I'm not sure I follow why you think the jerking motion of your car would have confused the officer. If I understand correctly, the motion you're describing would actually help confirm you did come to a full stop.

As for your last question, the Crown will not simply drop the charges based on your explanation. You'll have to go to trial and see if your explanation is sufficient to raise reasonable doubt.
So what type of reasonable doubt! Eg. the time that the officer saw the car move she only saw the cars body move and not the tires? or some conflict between my story of the scene and the officers story of the scene.


Stanton
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Unread post by Stanton on

What's required to raise reasonable doubt varies from case to case. You'll have to see what the officer's evidence is and go from there. You can request disclosure and get a copy of the officer's notes. I'd also recommend reading through other posts relating to stop sign offences and seeing what strategies people have used to defend themselves.


Dharav4141
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Unread post by Dharav4141 on

Stanton wrote:What's required to raise reasonable doubt varies from case to case. You'll have to see what the officer's evidence is and go from there. You can request disclosure and get a copy of the officer's notes. I'd also recommend reading through other posts relating to stop sign offences and seeing what strategies people have used to defend themselves.
Oh also the Officer wrote my names wrong, she wrote my family name as my middlename, firstname as my last name and middle name as my first name, will this help make the ticket void


Dharav4141
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Unread post by Dharav4141 on

Stanton wrote:What's required to raise reasonable doubt varies from case to case. You'll have to see what the officer's evidence is and go from there. You can request disclosure and get a copy of the officer's notes. I'd also recommend reading through other posts relating to stop sign offences and seeing what strategies people have used to defend themselves.
Also can i go to the prosecutor and the court or only one!






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