Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Disobey stop sign - fail to stop, HTA 136(1)(a)
Author Message
PostPosted: Fri May 20, 2011 9:45 am 
Offline
Newbie

Joined: Sat May 14, 2011 11:59 pm
Posts: 6
Hi,

I've got ticket "Disobey stop sign - fail to stop" (this is the exact wording on the ticket), HTA 136(1)(a). The officer said that he has a recording, which I, unfortunately, didn't ask to see.

Is there a way to dispute charges? What are the chances to have the points dropped? What is the best way to handle it?

I am not sure if the recording was done by the officer, from the vehicle, or there is a camera at the intersection.

Thanks


Top
 Profile  
 
Re: Disobey stop sign - fail to stop, HTA 136(1)(a)
PostPosted: Fri May 20, 2011 2:48 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
Impossible to get the points dropped. If you are convicted of the offence the MTO will automatically assess the points against your licence. Neither JP, nor Crown, nor police officer has the authority to alter the points.

Also, even if you had asked to see the recording, the officer would not have had any obligation to show it to you at the roadside. If you want to see it you should request disclosure and see if it's in there. Even if it's not, that doesn't preclude the officer from obtaining a conviction by testifying as to his observations that you failed to stop.

There may be some way to defend it, but of course it depends on what defence might arise on the facts of your particular case.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: Disobey stop sign - fail to stop, HTA 136(1)(a)
PostPosted: Fri May 20, 2011 4:57 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
As Simon said, there is no way to avoid the points upon conviction. Some jurisdictions do however have bylaws pertaining to motorists and stop signs. In such jurisdictions the Crown will sometimes allow a plea deal to the bylaw offence instead of the Highway Traffic Act, since it typically carries a lower fine and no demerit points. You'd have to see if that's an option in the area where you committed the offence.


Top
 Profile  
 
Re: Disobey stop sign - fail to stop, HTA 136(1)(a)
PostPosted: Sat May 21, 2011 9:04 am 
Offline
Newbie

Joined: Sat May 14, 2011 11:59 pm
Posts: 6
When the officer pulled me over and said on what intersection I didn't stop on the sign, I was confused and didn't know where exactly was it. I drive on this road every day to and from my work. It has lots of stop signs and I always stop there. I drive slowly because it's a narrow residential road. On my way to work I stopped at the intersection he mentioned that I didn't stop on the sign. This is the one that I remember approaching and seeing the police car standing on the other side of the road. I STOPPED ON THE STOP SIGN FOR SURE!!!!! I always do, and on that morning, there was no chance I didn't stop seeing the cruiser. This is the thing that drives me crazy! I always stop, and for sure I stopped especially that I so the police car. This is why I was so surprised when he stopped me and said that. I've asked him "what I did wrong"? I was thinking that may be somewhere down this road I missed one of the signs, which is unlikely. But on this intersection, I STOPPED FOR SURE! And now the absurd is that it's his word against my word. This stop sign is near TCC terminal. I am among the fewest drivers on this intersection, that doesn't block the entrance to the terminal. The stop sign is just before that. I was driving very slowly, stopped whenever needed.

On that morning I was driving in my son's car - sport, red car. After this insidence I start questioning may be there is something to saying that red sport cars drive more police attention, very often with no reason.

It's very easy to claim I didn't stop, because he is very much aware that it's hard for the driver to prove. So why not?


Top
 Profile  
 
Re: Disobey stop sign - fail to stop, HTA 136(1)(a)
PostPosted: Sun Jan 06, 2013 2:24 pm 
Offline
Newbie

Joined: Sun Jan 06, 2013 1:58 pm
Posts: 1
I got a ticket and charged with HTA 136(1)(a) based on an eye witness only. It was a rainy day as I was in an accident and my ABS would not let me stop at the stop sign. There were no other vehicles involved, the police showed up after the fact and the officer did not ask me what happened. I have a court date set and wanted to know if this is grounds to dismiss in court?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Disobey stop sign - Fail to stop HTA 136(1)(a)

[ Go to pageGo to page: 1, 2 ]

ticketfighter

18

11277

Sun Oct 26, 2008 7:32 am

Proper1 View the latest post

There are no new unread posts for this topic. Charged with HTA 136 1 9 disobey stop sign, failed to stop

mel

11

3773

Sat Feb 04, 2012 12:03 am

mel View the latest post

There are no new unread posts for this topic. Fail to stop at stop sign HTA 136 while officer was busy

IPZ06

1

1184

Wed May 02, 2012 6:59 am

Stanton View the latest post

There are no new unread posts for this topic. Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)

aspar88

7

4908

Thu May 14, 2009 9:15 pm

hwybear View the latest post

There are no new unread posts for this topic. So I got a Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)

legendary04

1

9443

Sat Aug 01, 2009 9:12 pm

liveontheedge View the latest post

There are no new unread posts for this topic. Disobey Stop Sign - HTA 136(1) (A)

karate

1

1768

Sun May 10, 2009 11:45 pm

hwybear View the latest post

There are no new unread posts for this topic. Question regarding: Disobey stop sign - HTA 136 (1) (a)

justadad

4

1091

Tue May 10, 2016 2:23 pm

jsherk View the latest post

There are no new unread posts for this topic. Fail to obey stop sign HTA 136 a (with video evidence)

penny

13

2505

Mon Aug 12, 2013 12:13 am

screwed-by-guys_in-blue View the latest post

There are no new unread posts for this topic. HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?

Screwed

7

4132

Wed Oct 20, 2010 10:08 pm

Radar Identified View the latest post

There are no new unread posts for this topic. HTA 136 (1)(9)Failure to Stop at Stop Sign wrong character

edfun

2

1179

Sun May 15, 2011 10:45 am

edfun View the latest post

There are no new unread posts for this topic. HTA 136 (1)(a) - disobey stop; 'by-law defense', 60m

tdtd

0

1956

Mon Jul 26, 2010 11:14 am

tdtd View the latest post

There are no new unread posts for this topic. Disobey Stop Sign - Fail to Stop and Fail to Signal for Turn

bijalshah01

0

927

Thu Jul 18, 2013 10:00 am

bijalshah01 View the latest post

 


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.