HTA 136(1)a - stop wrong place

justme123
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HTA 136(1)a - stop wrong place

Unread post by justme123 on

Does anyone know where I would find out what the maximum distance is for how far back from the stop line you can be in order to still meet the "stop at stop line" requirement at an intersection?

The car in front of me stopped further into the intersection - covering the crosswalk lines - I stopped behind that car - approx 1 foot behind line and 1 foot in front of stop sign. I suspect that the cop couldn't see the lines and only saw two cars stop and then saw that I didn't pull up again and stop before entering the intersection after the other car had gone through so the cop assumes that I stopped in the wrong place when in fact I was only 1 foot behind the stop line.

Any help would be appreciated.


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Bookm
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Unread post by Bookm on

Seems like an easy win to me!


136. (1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 136 (1).


You should review court procedures at TicketCombats site http://www.ticketcombat.com/ I would suggest just one question for the officer under oath:
- "Officer, could you tell me exactly where the front of my car was in relation to the stop bar painted on the road when I was stopped behind another car?"

If he can't answer, ask for immediate dismissal.

Be sure to review his notes in the Disclosure you will request from the Crown. He may testify that you never stopped AT ALL which means you will lose.

The position of the stop sign is irrelevant.


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Proper1
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Unread post by Proper1 on

I'll be interested to know how this one turns out, justme123, because I had exactly the same thing happen to me years ago, in Dundas, Ont. Car in front of me stopped on the crosswalk, I stopped behind it, just short of the stop line, then proceeded, without stopping again, when the way was clear. I'd seen the parked police car and when he pulled out, silly me, I thought he was going after the car that had stopped on the crosswalk. Nope.

I said I had stopped at the stop line, he said I went through the intersection without stopping, and that was that. I lost. I've often wondered what defense I could have used that might have had any chance of success.


liveontheedge
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Unread post by liveontheedge on

I went to court for the same charge "fail to stop at stop sign". I requested disclosure. No disclosure sent.
At first trial, cop showed me his note outside of court room advised me to take the plea bargain, but the crown asked for delay the trial due to lack of time.
I requested disclosure again. At 2nd trial, no disclosure, cop didnot show, charge dropped.
I expect if you get disclosure it just says he witnessed you not doing a stop, and that is it. all your arguments related the car in front you is irrelevant to the cop, no such thing was recorded in his notes. You can use it as a back up if the case goes to trial, but you likely wont win.
like other suggested, read www.ticketcombat.com and others, wait for trial date in the mail, get diclosure, try s11b defense, try delay trial till cop no show, plea bargain...just share my experience






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