Scenario - thoughts

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hwybear
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Scenario - thoughts

by: hwybear on
Sat Feb 20, 2010 7:57 am

Stop Signs:
Every driver approaching a stop sign at an intersection:
a) shall stop his or her vehicle....at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, them immediately before entering the intersection
**********************************************
I was driving and came to a intersection with a stop sign with 2 vehicles in front of me. There was a white Jeep stopped at the stop line (proper place). A red Buick Rendevouz was directly in front of me. All 3 of us were stopped. The Jeep had then proceeded and turned left when safe to do so. Without hesitation the Buick followed the Jeep without stopping at the stop line. Closest the Buick was to the line was the length of the Jeep (5m)

I was not working and keep running this thru for a correct answer:

1) Chg: Disobey stop sign, stop wrong place
My thoughts are that the person would say " I never got to the sign to stop, so the offence should be "disobey stop sign - fail to stop"

2) Chg: Disobey stop sign - fail to stop
Then the person would say "I stopped, just in the wrong place"

3) Chg: Disobey stop sign - stop wrong place AND Disobey stop sign - fail to stop
Person stopped in wrong place (prior to stop line) and then blew thru the sign

discuss....
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


cruzmisl
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by: cruzmisl on
Sat Feb 20, 2010 10:54 am

I would go with disobey stop sign fail to stop. I think disobey stop sign- stop wrong place would be reserved for someone that stops after the stop line in your example. Either way if this were to go to court its a 50/50 chance of conviction regardless of which charge you write. Frankly you could probably write either one.


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Radar Identified
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by: Radar Identified on
Sat Feb 20, 2010 3:41 pm

I'll go with Disobey Stop Sign - Stop Wrong Place, because:
a) shall stop his or her vehicle....
Check... (vehicle did actually come to a full stop)...
at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, them immediately before entering the intersection
Failed to comply with that part. That's my view on it... but I could see either way... I guess the question is, if we take the Jeep out of the equation, and the Buick stopped where he did, now what's the charge? I'd think Disobey Stop Sign - Fail to Stop would be where the person approaches the sign, and does not at any point bring the vehicle to a full and complete stop...

Also, if the Buick interfered with any cross-traffic, I would also charge with Start from Stopped Position - Not in Safety.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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