Wrongful Charge for Failure to Stop at Stop Sign...

JD
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Wrongful Charge for Failure to Stop at Stop Sign...

by: JD on
Mon Jun 01, 2009 1:24 pm

I was coming home in the passenger seat with my wife driving.
My wife is a very good and careful driver with perfect record. As we were near home, there was a car parking at the corner under the stop sign. My wife stopped beside that vehicle and moved again. As we passed the stop sign we saw a police cruiser about 40 - 50 feet away from the corner, on the right, being blocked by the fence and brushes.
Unexplicably, the police officer started the siren after us. We stopped our vehicle, and asked if something was wrong. He said that my wife did not stop at the stop sign, and gave her a ticket for $110.00.
What I am trying say is that, from where he was in the cruiser, the officer could not have seen who stopped or not. His view was clearly blocked.
After giving my wife the ticket, the officer reversed back to where he was at same corner, but moved closer to the stop sign - presumably so as to allow him to see who was coming. At the new spot, nobody would be crazy enough not to stop because the officer, in his cruiser, could be seen clearly.
I am not fighting the ticket because of the fine. I am fighting it because it is the right thing to do.
I would appreciate if anyone could help...










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by: liveontheedge on
Thu Jun 04, 2009 8:46 am

Don't forget to go back there and take pictures, date and stamp them in case you need them for plan B.


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by: JD on
Thu Jun 04, 2009 10:18 am

Thanks, Reflections!!! You, too, liveontheedge!!!

Just one question, though. I guess this is your Plan B, liveontheedge... What if the officer said that I was not there?

I was in fact there. As soon as we stopped and started to pass the street to our right, we heard the siren behind us. My wife pulled in and stopped. My wife and I asked the officer if something was wrong. The officer ignored me and asked my wife for license, ownership and insurance. My wife gave them to the officer and asked again if something was wrong. The officer said that she did not stop at the stop sign. My wife and I said, almost at the same time that we did. The officer retorted, "No, you didn't." My wife respectfully said she did. I also said, "We did, officer." The officer said to me that he was not talking to me.

I have gone back to take pictures of the angles of the spot, and do some measurement. It was a good 60 ft away from where the police cruiser which was on the left-hand (wrong) side of the street to our right where we stopped before proceeding. At that angle, with the fence and bushes, I don't think the officer would be able to see clearly who stopped or not, especially when there was a vehicle that was parked right at the corner at the stop sign. We did stop right along side with that parked vehicle.


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Reflections
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by: Reflections on
Thu Jun 04, 2009 12:00 pm

Nice large photo's are good. Make sure you show all the angles. A nice topographical map will also be a good thing, *cough* google maps *cough*
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


JD
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by: JD on
Thu Jun 04, 2009 1:04 pm

Thanks, Reflections!!! Much appreciated!

I got a nice topographical map with a clear view from google.


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by: liveontheedge on
Thu Jun 04, 2009 11:37 pm

I had similar stop sign ticket a while back with fence and bushes blocking the cop's view. The cop had very nice story in his note that he was there for a sole reason of enforcing the traffic stop because the residents complained that people ran the stop sign blah... blah ...

My plan A was: delay the trial if cop is there
My plan B was: go to trial if there is no other option

Plan A did work, the cop was there at the first trial, the Crown saved my case to the last minute, declared to the JP that it was out of time and requested adjournment after numerous times pressing me to plead guilty to a lesser charge. She requested adjournment because she knew i would have requested it anyway as i had not received dislosure. So i got the delay and it was at the Crown's fault.

It took me alot of time to prepare for plan B: pictures, what to say on the stand... but in the end i did not get to use all those because i won the case due to cop no show at the 2nd trial.


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by: JD on
Fri Jun 05, 2009 9:57 pm

Thanks, liveontheedge!!!

Like you, I have everything prepared - almost. I have gone back to the same spot to take pictures at different angles from where we stopped our vehicle at the stop sign, and where the cruiser was as we saw it. Also, I have a nice topographical map. Plus, I was there as the witness.

I have dropped in at a Provincial Offences Office in Toronto, and filed a Notice of Intention to Appear.

I wonder where I can have and file for a Disclosure Request, and send the letter to the prosecutor indicating that I want my trial scheduled as soon as possible.


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by: racer on
Sat Jun 06, 2009 8:31 pm

You can file for disclosure by either coming in person or by sending letter to the courthouse on the back of the ticket. Same address for "earliest possible trial".
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com




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racer
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by: racer on
Sun Jun 07, 2009 10:59 pm

You are very welcome!
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com




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