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disobey stop sign - officer don't have a clear view
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PostPosted: Fri Feb 27, 2015 9:11 pm 
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Joined: Tue May 24, 2011 12:50 pm
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Ok. It happened at a night just after heavy snow storm. I know the slippery road condition isn't going to be a good defence. So I'll just skip this part.

However, there was big pile of snow on the roadside (abt as high as my car) because the city snowplow had push the snow there.
I took a pic at first, then parked my car over there the day after and took another pic.

I want to argue about the officer don't have a clear view because the snow block his view, he saw me drove out of the intersection, but he didn't see the whole thing. Is this defence any good?

P.S. I am going to the early resolution meeting soon. I am taking this to trial for the first time, I really don't know the procedure etc. What should I do there?

Thanks in advance.


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Fri Feb 27, 2015 9:23 pm 
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Location: Ontario
Meeting with a prosecutor is only if you want to plead guilty to a reduced fine/points/charge. The meeting is not a trial and you will not be defending yourself there so don't bother with bringing pictures at this time. If you want to go to trial ask for disclosure at the meeting and then ask for a trial date. Review the evidence against you and develop your strategy accordingly.

It may be helpful to review the forums or ticketcombat for some inspiration.


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Fri Feb 27, 2015 9:41 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
I'd also suggest searching this forum for photo submission guidelines. You'll want to make sure that the photos you've taken are admissible at Court if you plan to use them for your defence.


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Mon Mar 02, 2015 1:25 pm 
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Posts: 504
In my experience when I went in, the pros. actually asked me what happened and was ok with my giving "excuse" and actually argued (nicely), a counter statement, I still got talked down to a lesser offence.
But you could get lucky, I've read on here, that in some cases its a good idea to go to an ER as they can do things,

I would say it doesn't hurt.

But I do agree with your statement, as others on here to have said that !


ynotp wrote:
Meeting with a prosecutor is only if you want to plead guilty to a reduced fine/points/charge. The meeting is not a trial and you will not be defending yourself there so don't bother with bringing pictures at this time. If you want to go to trial ask for disclosure at the meeting and then ask for a trial date. Review the evidence against you and develop your strategy accordingly.

It may be helpful to review the forums or ticketcombat for some inspiration.

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Re: disobey stop sign - officer don't have a clear view
PostPosted: Sun Mar 08, 2015 12:36 am 
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thanks for all your advice.

I think I will go in and be honest with the pros. and told them what happened (bringing photos, just in case if it could be of any use). But I will still take it to trial if they don't dismiss the ticket. A lesser offence isn't enough for me, because my concern is the insurance hike. My goal is a dismissal. From what I read, dismissal isn't an easy thing to get at the early resolution meeting.

Thanks again, I will come back with updates.


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Thu Mar 12, 2015 7:33 am 
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Agreed. Lesson learned.

So I've got an early resolution meeting coming up. Could I ask for a deal at that point or am I just going to have to cancel this and request a trial to then ask for a lesser charge?

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Re: disobey stop sign - officer don't have a clear view
PostPosted: Tue Mar 17, 2015 9:17 am 
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I was offered a lesser offense before I explained what happen, but they would still listen if you want to talk about it. Its actually better to do that, they pointed out some mistakes that I need to cover in my defence. I'll still go for a trial.

My question is, will the lesser offense they offered still available to me at the trial? If worst case, judge is not convinced that day.

Thanks!


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Tue Mar 17, 2015 1:12 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Typically the plea deal will still be offered on the day of your trial but there's no guarantee. Once you start your trial however, the plea deal is no longer an option. So if the Justice of the Peace finds you guilty, you can't suddenly take the deal to the lesser offence.


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