On the ticket:
BIRCHMOUNT RD NORTH OF ENTERPRISE BV. Markham Ontario
Disobey Stop Sign-Fail To Stop ticket issue
1. Birchmount is North southbound- Ticket did not specify whether I was traveling North or South Bound on Birchmount Rd. I was traveling North Bound.
2. There is a two way transit lane on the west side of Birchmount Rd. Transit lane is exclusive use for bus turns in and out from this transit lane. This lane has no apparent name.
It is an "all way stop" . Ticket did not specify the stop sign is located on Birchmount Rd and Transit lane North of Enterprise Blvd.
North Bound Birchmount RD ends at Highway 7 . There are 3 stop signs north of Enterprise Blvd including the one at Transit lane.
Are any of the above consider fatal error?
There are 2 stop signs. One on the right side that said "All Way stop" the other one in the middle of the road on the the traffic island that said "stop"
The one on the middle is a very small stop sign and only 6 feet tall. There is a "no left turn sign" about 8 feet in front of the stop sign. The "no left turn sign" was about the same height as the small "stop sign"
I was traveling North Bound on Birchmount Rd on the right lane. I had to change to left lane when I approached Enterprise because there was a huge construction truck blocking the right lane. I was not able to see the "All way stop sign" on the right. I saw the "no left turn sign" but was not aware there is a small stop sign. I slowed down when I pass the construction truck and keep checking if anyone or construction vehicle that may be dashing out from the right side.
When I saw the "All Way Stop", I was not able to stop.
Police said he has videoed me. I also have dash cam showing the construction was blocking my view of the "All way stop" on the right.
It also showed the "no left turn" sign was right in front of the small" stop sign" on the traffic island.
Is that good enough reason to quash the ticket?
That section of Birchmount was opened not too long ago.
I am not sure if there is a by-law for this stop sign... Should I request Section 137 disclosure?
Can I request Police's video and can I show my dash cam in court? How can I do that or can I bring a memory stick?
Court is Newmarket, Ontario
You should plead not guilty and request a trial. Once you get your notice of trial with the trial date, you can request disclosure (officers notes and copy of video). Once you get this information then you can better decide if you can fight it or not.
As for your video, if you are going to show it in court, make sure you put it on a cheap USB stick and then bring along a laptop that can play the video. They will want to keep the video after you show it, so if you only have it on your laptop they will want to keep your whole laptop but if you have it on a USB stick you can just leave them the USB stick.
Based on your description of events, I would suggest that it really depends on how the Justice of the Peave feels after you presented your evidence and video. If your video really shows everything blocked from view, then maybe you might get off. But no guarantees.
+++ This is not legal advice, only my opinion +++
I receive a type copy of over 250 words disclosure.
I request a confirmation if there are any written notes.
Police confirm there are no written notes.
The typed notes has a time of 14:19:43
The ticket was 14:16:02
I check the time on the video
Stop me 14:16:25 came to my car
14:18:06 return to Police car
14:21:35 came back to my car
14:21:52 returned to police car
14:22:46 video stopped
Besides specifically confirming that there are no written notes, the typed disclosure also stated
"NO MORE NOTES ONLY ICC - (In car Camara)
I return to the same route going sound bound after 10 mins and witnessed the same police
stopped another car.
I have reasons to believe the 250 words tyoed disclosure was not typed on
that date. The police officer merely typed out what he saw on the video sometime
after I requested disclosure.
Question: Can Police write out disclosure afterwards based on reviewing the video?
There are 2 stops signs on that intersection.
One on the left (traffic island) the other one was on the right. Both are installed.
The one on the right is " All Way Stop" the one on the left is just a stop sign. Both signs do not align. The All Way Stop is about 8 feet
further north than the stop sign on the left. The right All Way stop is also 6 feet north of the end traffic island and partially out of the intersection..
There are no markings on the ground.
HTA 615 Stop sign must be on the right side
HTA 136(1)a- Stop at marking or before entering the intersection.
Police disclosure stated there are fainted marking on ground (wrong-none), two All Way stop signs (wrong-only right one)
45. A sign prescribed by this Regulation, other than a sign prescribed by section 13, 14, 15, 24, 25, 26 or 27, shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. O. Reg. 175/08, s. 15.
Police disclosure said there are 75 metres between Enterprise to transit lane. However, there was a contruction truck parked about 20 meters north of Enterprise and it was blocking my view. I can not see the sign until I passed the tail end of the truck.
46. No person, other than a municipal corporation or other authority having jurisdiction over a highway, shall erect or maintain a sign prescribed by the Act and regulations. R.R.O. 1990, Reg. 615, s. 46.
I emailed the Markham Councillsor and the Mayor of Markham and they confirmed that the signs were erected by the Developer and there are no by-laws for those stop signs.
Can I say that the two signs violated 46-sign erected by City of markham.
45- I have less than 60 metres because my view was blocked by the truck.
136(1)a- no markings on the ground.
I was confused by the two Stop signs (one All Way and not the other) and unable to tell where to stop. The sign on the right was about 6 feet north of the intersection.
After my email to the Mayor- I drove by the same route today and the followings changes were made:
Both are now regular stop signs ( took out All Way Stop)
There are very clear and thick markings on the ground
Both stop signs are now aligned
The All Way Stop sign on the right has been removed and replaced by a portable stop sign
Do I have a case?
Different person, different date... But same location and same scenario!
Today I was in the same situation and was given a ticket for not stopping at the stop sigh that was not visible because of construction truck on the right side and the "not left turn" on the left side.
What came of your ticket?
I intend to challenge my ticket. Obviously the police know that this is a problem area and instead of resolving it, they are using it are a trap! I saw two other tickets being handed out within about 15 mins of me receiving the ticket).
You've done some great research I would love to use it for my defense as well.
Please and thanks.