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Disobey Stop Sign 136 (1) (a) -- stopped just over the line?
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PostPosted: Sun Jul 12, 2015 12:27 pm 
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Joined: Sun Jul 12, 2015 12:10 pm
Posts: 3
Hi all,

I was recently stopped and ticketed: Disobey Stop Sign - Stop Wrong Place HTA 136 (1) (a). The charge is $110 and 3 points. It was at a 4-way intersection, and I came to a complete stop, but it was maybe 3-5 feet over the line. The officer said it was on video. I'm an M1 rider with an otherwise clean record.

Is this worth fighting?

Thanks,
SM


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Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l
PostPosted: Sun Jul 12, 2015 12:35 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
It is always worth fighting.

Choose Option 3 NOT GUILTY and request a TRIAL with the officer present.

Once you get your trial date, request disclosure which will include the officers notes AND a copy of the video.

After you get disclosure, then you can decide whether to proceed or not.

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+++ This is not legal advice, only my opinion +++


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Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l
PostPosted: Sun Jul 12, 2015 1:20 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
I recommend when riding your bike, to stop behind or at the line and make sure you put at least one foot down.

Have you taken a motorcycle safety course for your M1 exit? I highly recommend it.


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Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l
PostPosted: Sun Jul 12, 2015 3:28 pm 
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Joined: Sun Jul 12, 2015 12:10 pm
Posts: 3
iFly55 wrote:
I recommend when riding your bike, to stop behind or at the line and make sure you put at least one foot down.

Have you taken a motorcycle safety course for your M1 exit? I highly recommend it.

No, not yet. I literally wrote my M1 two days ago. I'm back home visiting family for a few weeks and was riding my brother's bike; clearly I'm still getting used to it. I told the officer this but he didn't seem to care.

For the record, the 4-way was clear, except for a truck I was following.

jsherk wrote:
It is always worth fighting.

Choose Option 3 NOT GUILTY and request a TRIAL with the officer present.

Once you get your trial date, request disclosure which will include the officers notes AND a copy of the video.

After you get disclosure, then you can decide whether to proceed or not.

Thank you for the advice.


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Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l
PostPosted: Mon Sep 28, 2015 2:59 pm 
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Joined: Sun Jul 12, 2015 12:10 pm
Posts: 3
UPDATE:

My court date is tomorrow morning. I have yet to receive disclosure, which I requested over a month ago. I have a couple questions:

If the case is not adjourned due to lack of disclosure, can I argue for leniency? I've had my G license for almost 10 years, never been pulled over, not a single ticket, yet I had my M1 for just two days and stopped my (brother's) bike just over the line at an empty 4-way stop. Is it worth it to point this out? Or that I'm a recent college grad with student loan repayment eating up most of my cash?

Is there anything else I can/should do?

Thanks
SM


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Re: Disobey Stop Sign 136 (1) (a) -- stopped just over the l
PostPosted: Mon Sep 28, 2015 3:26 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If they give you disclosure tomorrow at court and you ask for an adjournment and the JP does not give it to you (which would be surprising), then you have a great slam dunk case that you should be able to win on appeal.

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