Disobey Stop Sign - Fail to Stop

Pandabear
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Disobey Stop Sign - Fail to Stop

by: Pandabear on
Tue Sep 20, 2016 12:00 am

Good Day,
I have been reading through the threads and have gained a lot of info and knowledge from previous posters. However there are a few questions I would like to ask in regards to a ticket my son received in August.
He was travelling southbound on a fairly major street in Markham. There was a stop sign at an intersection for a small street was for buses only. My son made a quick stop and proceeded. Another car beside him stopped at the same time but did not accelerate as fast as him. Officer came from behind and stopped him at the major intersection which had traffic lights which was approx 100 meters ahead. Said he blew through the intersection without stopping. Gave him a ticket for Disobey stop sign - Fail to stop.
Location on ticket is at the major intersection that has traffic lights, not where the stop sign was.
I have filed to fight this ticket in court.
Am I able to fight the ticket on my sons behalf? He is away for school. If so, do I need a sworn affidavit from my son about the events that day?
When do I request disclosure? After I receive the court date or anytime after I requested trial?
Any help is appreciated.
Thanks in advance


jsherk
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by: jsherk on
Tue Sep 20, 2016 8:39 am

A quick note signed by your son is all you need that says "I authorize so-and-so to represent me on this matter."

When you get your notice of trial, that is when you file for disclosure. Basically you are going to ask for a copy of officers notes and any video if it exists.

Although the location on the ticket is incorrect, this could be amended/corrected at trial so the best thing you can do is NOT tell the prosecutor about this error.

Once you get the officers notes, blank out any personal/officer info and scan and post back here. If the officers notes correctly identify the stop sign street location as where it occured, then the ticket will be hard to beat, because they can amend/fix the ticket during trial. But if the officers notes identify the intersection with the traffic light (same as the ticket) as where it occured then you have a good chance to beat it because you can not "disobey a stop sign" when there is no stop sign, so it would be the wrong charge.
+++ This is not legal advice, only my opinion +++


Pandabear
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by: Pandabear on
Wed Oct 11, 2017 1:13 am

An Update.

I have received the disclosure and the officers notes identify the intersection WITH the traffic light. No stop sign at that intersection.
On the day of trial, do I bring this up to the prosecutor before going into court or just go to trial?


Eagle88
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by: Eagle88 on
Wed Oct 11, 2017 2:02 am

I'd venture to bring some pictures of the intersection clearly showing that no stop sign exists there. Seems pretty reasonable that you cannot be found guilty of an impossibility.


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