I was charged in residential street in Brampton last week for HTA 136-1(a) violation. Actually, the street is just across from my home. I indeed stopped at stop sign and then moved on but the cop said I wasn't.
The cop said that someone in the neighbourhood had complained about people not stopping at stop sign and he had to give tickets. He was talking nicely but still ended up charging me.
I'm choosing a trail however ticketcombat site says it's an uphill battle to beat this charge as it's your words against cop's and they are always right. Please share your experiences. Any help will be greatly appreciated.
The prosecutor argued that the burden is not on prosecution and it's up to city of Brampton to provide an interpreter. The JP disagreed so the prosecutor asked him to provide her a case law. The judge took a recess just for this and when he came back he said he couldn't find the case law in the short recess therefore he would adjourn the matter.
Could I have asked to quash the charge at that time? I didn't realize it at that time. I'm also thinking to file a stay request as it'll be total 14 months when I have the next court date. No interpreter has been provided to my two first appearances as well so there are total three occurrences where I have not been provided an interpreter even though the request was made.
Is it a good case for violation of section 14 of Canadian charter to stay the proceeding?
Any comments are greatly appreciated.
Read this topic carefully: http://www.ontariohighwaytrafficact.com/topic2952.html
11b is definitely there. I was also thinking to add sections 7 and 14 with 11b. That way if one doesn't work, the other may...