The ticket states- Birchmount Rd north of Enterprise
Did not specify the exact inter section- Section 136(1) mentioned stop sign on an intersection
The ticket did not specify the direction I was travelling
Charge committed- did not quote Section 136(1) -it says disobey stop sign- Fail to stop
Are above Fatal error ?
Received typed copy disclosure and police video
The typed disclosure was over 250 words. The ticket was timed 2:16 pm and the typed copy was timed 2:19. Between the time of the
ticket and the typed disclosure was under 3 minutes. He has to be speed typist to do that.
The detail on the disclosure was incredible. Does office have to write the notes by hand or can they now type them.
Should officer write the notes before they issue the ticket or they can do that afterwards. Is there a time limit that the officer must write or type the notes?
The disclosure did have detail information on which intersection where the stop sign was but this information was not on the ticket.
I had requested the hand written notes (if the officer had hand written them) and I intend to allow only the hand written notes in Court.
I have reason to believe the officer wrote those notes after he review the police video again.
Construction truck parked in front of the stop sign
Both the police video and my dash camera showed a parked construction truck on the right side about 15 feet in front of the stop sign. I was not able to see the stop sign until I
passed Enterprise and halfway of the truck.
There was a smaller stop sign on the left traffic island with a No left turn sign about 8 feet in front of it. The Ontario Traffic Act specify that Stop sign must be erected on
the right side.
(3) On or after August 1, 2015, no stop sign shall be valid except as described and illustrated in subsection (2). O. Reg. 261/08, s. 1.
7. A stop sign shall be erected on the right side of the highway, facing approaching traffic, at a point not less than 1.5 metres and not more than 15 metres from the intersecting roadway or the nearest rail at a railway crossing. R.R.O. 1990, Reg. 615, s. 7; O. Reg. 63/06, s. 1.
There were one pickup truck and a small car that were about 15 car length in front of me that did not stop on the stop sign. It was on the police video too.
Can I say that the Construction truck blocked my view of the Stop sign? The stop sign was about 75 meter north of Enterprise. When I saw the stop sign, I was about 20 meters from the stop sign and I passed the intersection when I tried to come to a full stop.
By-Laws- No by laws
Checked with Town of Markham- There are no by-laws for stop sign on Birchmount Rd between Enterprise Blvd North to Hwy 7.
Should I fight this ticket?
+++ This is not legal advice, only my opinion +++
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