4 lane road, school bus on opposite lane has stop sign out

ericgc
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4 lane road, school bus on opposite lane has stop sign out

Unread post by ericgc on

I was driving on a 4 lanes road, a school bus on the opposite lane has stop sign out, it wasn't flashing and stop arm was out

I notice, there are a few things,
1. Officer didn't sign his signature in ink on the Summon, because the whole thing was printed
2. Officer mispelled my name
3. The school bus stopped at the lane that has a NO-STOP sign

Any comments/suggestions?


bend
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Unread post by bend on

I gave you your own thread since the other one you had replied to was a bit older.

ericgc wrote:I was driving on a 4 lanes road, a school bus on the opposite lane has stop sign out, it wasn't flashing and stop arm was out


A bus driver would have to activate the red overhead lights, but the officers notes may contradict your recollections.

ericgc wrote:1. Officer didn't sign his signature in ink on the Summon, because the whole thing was printed


Tickets are moving towards the electronic route. A lot of them these days aren't hand written. What you've described is the new norm. They don't sign these by hand anymore.

ericgc wrote:2. Officer mispelled my name


That wont matter.

ericgc wrote:3. The school bus stopped at the lane that has a NO-STOP sign


A school bus is allowed to stop traffic for the purpose of loading or unloading passengers. There are some basic rules to go along with that, such as a minimum distance from a traffic controlled intersection. If the driver was parked in a no stop/no standing with no overhead lights or stop sign while getting donuts, then an officer could possibly write up a ticket for that bus driver.


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Unread post by MYOHTA on

ericgc wrote:1. Officer didn't sign his signature in ink on the Summon, because the whole thing was printed


Tickets are moving towards the electronic route. A lot of them these days aren't hand written. What you've described is the new norm. They don't sign these by hand anymore.

ericgc wrote:2. Officer mispelled my name


There should be signature in electronic type. Unless there is something new.


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Unread post by bend on

MYOHTA wrote:There should be signature in electronic type. Unless there is something new.
Correct, the signature would just be typed out. Although, it sounds like the original poster was wondering why the ticket wasn't signed by hand with something like a pen.


ericgc
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Unread post by ericgc on

bend wrote:
MYOHTA wrote:There should be signature in electronic type. Unless there is something new.
Correct, the signature would just be typed out. Although, it sounds like the original poster was wondering why the ticket wasn't signed by hand with something like a pen.

The signature is just printed name of his, but I guess that's also the new norm, then I probably can't get away on this one...


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Unread post by bend on

ericgc wrote:The signature is just printed name of his, but I guess that's also the new norm, then I probably can't get away on this one...
I'm just answering your specific questions. There's nothing stopping you from requesting a trial or requesting an early resolution meeting.

I'm not sure if it's a possibility, but if they'd allow you to plead as the owner instead of the driver (if you're the vehicle owner to begin with), it would be a huge difference. You'd pay the fine but it wouldn't impact your insurance at all. Normally, if the bus driver wrote down your plate number and gave it to the police, you'd be charged as the owner. That's because they can't prove who was driving the vehicle. The ticket follows the plate instead of am individuals license number. I don't know if they'd be willing to do it, but it's better than nothing.

If not, MAYBE they'll offer SOMETHING which might be better than the school bus charge. To your insurance provider, it's a major offense because it involves a school bus. It's the equivalent of 2-3 minor offenses. So it's worth at least going through an early resolution at the minimum. You've got nothing to lose.


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Unread post by ericgc on

Went to the first appearance yesterday, got the police notes disclosure, they didn't provide video yet even though I requested for it, the prosecutor won't agree to reduce the points or to a lesser charge or change to 175(owner), I am SOL, will have to hire a lawyer in this case?


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Unread post by bend on

ericgc wrote:Went to the first appearance yesterday, got the police notes disclosure, they didn't provide video yet even though I requested for it, the prosecutor won't agree to reduce the points or to a lesser charge or change to 175(owner), I am SOL, will have to hire a lawyer in this case?
Video isn't exactly super common. If it's not available, it can't be provided.


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Unread post by argyll on

ericgc wrote:Went to the first appearance yesterday, got the police notes disclosure, they didn't provide video yet even though I requested for it, the prosecutor won't agree to reduce the points or to a lesser charge or change to 175(owner), I am SOL, will have to hire a lawyer in this case?
Just be sure you understand that hiring a lawyer may be throwing good money after bad. Lots of people hire representation and still get found guilty. I'd show them the disclosure and ask what defence they think they can argue.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Unread post by ericgc on

I also used the disclosure form from ticketcombat, sent by registered mail and not include phone number. On the trial, if I haven't received my disclosure by then, can I file a motion to stay base on the ground of incomplete disclosure?

If they rejct, I might try to adjourn the trial, only concern is that they might say that I did not put my number and use it against me.


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Unread post by jsherk on

The information on ticketcomabt is mostly good, but some of it is outdated.

The courts have now decided that it is YOUR responsibility to check if disclosure is ready, and it is NOT the responsibility of prosecutor to do anything more than get it ready for you. So not putting a phone number is no longer any help, as you should be calling them to see if it ready anywaqys. Some prosecutors will mail the disclosure, some will email it and some will make you come pick it up from their office.

So I usually call them a couple times like at 4 weeks away from trial and again at 2 weeks. If they tell me at 2 weeks out that it is still not ready then that makes for a good reason that you wont have enought time to prepare so should get trial date moved. But it wont get it thrown out and wont get you an stay for lack of disclosure. The prosecutor would still have to not have provided disclosure by 2nd/3rd trial date in order to get a stay.
+++ This is not legal advice, only my opinion +++


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Unread post by bend on

People should avoid the ticket combat template. In my opinion, it's terrible. It makes a lot of silly requests. You'd be better off taking the disclosure request form provided by the municipality, using that as a template, and throwing in 2 or 3 requests. If not, just use the standard provided form and be done with it.

There's no reason not to leave a number. You want your disclosure. You aren't trying to avoid it. The number of municipalities that are still mailing out disclosure packages is pretty low. When it's ready, they notify you to pick it up. You don't need to contact them unless you haven't received anything and you're looking for a follow up. You might as well leave a number. If not, at least an email or something where they can contact you immediately.


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Unread post by ericgc on

argyll wrote:
Thu Jul 14, 2016 1:42 pm
ericgc wrote:Went to the first appearance yesterday, got the police notes disclosure, they didn't provide video yet even though I requested for it, the prosecutor won't agree to reduce the points or to a lesser charge or change to 175(owner), I am SOL, will have to hire a lawyer in this case?
Just be sure you understand that hiring a lawyer may be throwing good money after bad. Lots of people hire representation and still get found guilty. I'd show them the disclosure and ask what defence they think they can argue.
I hired the lawyer, who gives legal advice, I will have to represent myself in court. He beat it by challenging the prosecutor's error in court process.

F yeah! Every penny spent is worth it for the case, as long as I get out of it.

F the cop attend every single court hearing, he really wants to get me.


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Unread post by argyll on

There's nothing personal about the officer turning up. It's his job and, in many detachments, he'll get in trouble for not doing so.




Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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