Disobey Stop Sign - Fail to Stop defence

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Joined: Wed Aug 15, 2012 8:53 am

Disobey Stop Sign - Fail to Stop defence

by: jklimtsc on
Wed Aug 15, 2012 9:15 am


I was in Traffic court for my first appearance yesterday. I was prepared to defend by showing that I saw the officer at the intersection and had photos to show where he was parked and photos of the intersection showing that the stop line is partly obscurred from that location, it is also a busy intersection and he didn't pull me over until about 1.5km further down the road. The officer also made a mistake on the ticket (one letter in my licence plate) I don't think this is a fatal error but I was prepared to use it to call into question the officers focus at the time and that it could have been another vehicle he saw (there was a similar vehicle directly infront of me at the intersection).
I did not request written disclosure prior to my trial date (first timer) and so was allowed to go over the evidence with the officer. While reading his notes I noticed a couple of things: 1. he says there was a clear and unobstructed view of the intersection from where he was parked and 2. he says i was the lone occupant in the vehicle (my daughter was in the back seat and i can prove it as I had just picked her up from daycare and have the sign out sheet). Is this enough to show that the officer was clearly not fully focused that day and put enough doubt into the mind of the JP?
Based on this, when my turn came I requested an adjournment so I could get written disclosure and was granted a new court date in 4 months.
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