HTA Sect. 163 (2) - Failure to stop at railway crossing

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Phillip
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HTA Sect. 163 (2) - Failure to stop at railway crossing

by: Phillip on
Mon Feb 15, 2010 10:17 pm

First off, I'd like to say hello and thank you for this very helpful forum!
_______________________________________

I'm having some difficulty putting my case together so i'll sum it up quickly.

Stopped for a railway crossing (dark, approx 10pm), a quick, but complete stop for approx 2 sec. Continued driving for approx 30 meters until an officer entered the side street and pulled me over almost as i was about to leave the side street, back onto a main rd.

He claims i did not stop. I tell him i did, also that i have a witness in the car with me.

I've hired a paralegal and also plan to bring evidence (actual photos) to court, the officer wasn't even on the same street and my photos prove that it is impossible to physically see my car stop at the railway from his position entering the side street.

How should i proceed with this?

Your early responses are very much appreciated.

Thank you kindly


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Traffic Law
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by: Traffic Law on
Thu Feb 18, 2010 9:49 am

You mentioned that you have hired a paralegal. Your paralegal should be able to answer all of your questions regarding this matter (you paid for it).

Photo evidence can be tricky sometimes. Overall seems like you have a good case for trial.


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racer
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by: racer on
Sat Feb 20, 2010 4:23 pm

Since you have hired a paralegal, seems like you did not want to go to court. I would ask the paralegal to see the disclosure that s/he requests, and maybe talk to him/her about the line of defence s/he is going to use.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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Phillip
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by: Phillip on
Tue Mar 09, 2010 7:52 pm

I ended up winning the case by default :)


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