Need help on 136 (1)(A)

icsam2046
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Need help on 136 (1)(A)

by: icsam2046 on
Mon Oct 26, 2009 11:07 pm

Hello all,

My brother got a ticket last late Oct for disobey stop sign a block away from our home in Stouffville. (within the municipality York Region) . It was a snowing midnight and there was snow on the road. He got pulled over right after a stop sign right turn and being told he didn't stop completely and fined for $110 and 3 demerit points. The prosecutor said they can bring it to 2 points and half the fine.

From the recollection of my brother, he said the cop may have been following him from the back for 300-400 metres closely without turning on the cruiser's headlights. It was a 50 km zone and he wasn't sure it was a cruise at all.

He didn't stop completely in front of the sign worrying someone might have rare-ended him, but he did stop beyond the sign at some point and then yield at right turn.

Now here is the problem that complicates the case:

1) My brother isn't in Canada for 10 months now. It has been adjourned once in June by my mother. I didn't aware of it until recently this matter come in my hand. The case is going to be on trial in 2 weeks and I have no disclosure. Is it too late for everything? What should I do next?

2) Should I pay the fine and settle with them? My brother isn't coming back to Canada in a years or so. Is the insurance going to increase when he come back?

3) Should I go on a trial, my brother isn't going to be present in the court room. What is the proper procedure?

4) In case of the the cop doesn't show up that day, how do I know?

5) English isn't my first language although I can understand them fine. Should I request a translator just in case?

6) and finally, what is the chance of winning and the possible strategy?

Sorry for lots of questions, Thanks.[/b]


liveontheedge
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by: liveontheedge on
Tue Oct 27, 2009 12:16 am

1. Send out a request for disclosure right away and at the trial date ask the JP for another adjournment to get dislcosure

2. Settle or fight is your brother or your decision, no one can make that decision for you. If he gets convicted and the insurance find out (only if they pull his driving abstract, many don't) there may be prenium increase depending on his insurance company (some forgive 1st conviction)

3. You can represent your bro, no problem

4. Ask the Crown if the cop is there before taking any deal, hold off you plea till he shows up, if he is not there, don't take the deal from the Crown, plead not guilty

5. It may be too late to request for interpreter for the next court day, but if an adjournment is granted, fill out the paper requesting interpreter for the next trial while you are at the court house. If interpreter does not show up charge likely will be dropped.

6. Chance of winning and strategy, read www.ticketcombat.com.

Is there a stop line at the intersection? full stop at the stop line is what required, it does not have to be in front of the stop line
If no stop line, use the curb.
If no curb , before entering the intersection

But in the end, it will be your word against his word, you figure...


icsam2046
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by: icsam2046 on
Wed Oct 28, 2009 10:46 am

thanks liveontheedge!

I have some more question.
I've just found out that the location, "at street A & street B", written on the offence notice that was given to my brother is actually one intersection away from the actual stop sign street A & street C.

There is no stop sign at street A & B.

The court notice, however, simply states "at street A".

does this count as a fatal error?


liveontheedge
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by: liveontheedge on
Wed Oct 28, 2009 5:12 pm

icsam2046 wrote:thanks liveontheedge!

I have some more question.
I've just found out that the location, "at street A & street B", written on the offence notice that was given to my brother is actually one intersection away from the actual stop sign street A & street C.

There is no stop sign at street A & B.

The court notice, however, simply states "at street A".

does this count as a fatal error?
According ticketcombat site, wrong location is not a fatal error. It will probably be clarified if the cop made a mistake or not once you get his note thru disclosure.

If he made mistake in his note, most likely he would read out from his note the wrong location at which your bro did not stop on the witness stand, then you can use the error to discredit him during cross-examination by showing the court the picture which has no stop sign at the location he claimed your bro did not stop. So take the pictures of no stop sign at the wrong location in the direction your bro was travelling.
Use instant polaroid camera for easy admission of evidence.


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