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Ontario Highway Traffic Act

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disobey stop sign - officer don't have a clear view
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PostPosted: Wed Apr 08, 2015 2:30 am 
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Joined: Wed Apr 08, 2015 2:04 am
Posts: 3
Sorry to hijack your thread here, but I was wondering with my unique situation being:

35+ months total time period, with my next and perhaps final trial in June.

I have went with the 11b route but had to choose to abandon because it was just eating up my resources with officer sick and re/ordering transcripts. It was a clear night in February. I was coming off the 404 NB exit ramp on Major Mackenzie Dr E. There was an unmarked cruiser sitting on the 404 NB on ramp facing SW, equipped with an on board dash camera. The cruiser flags me to pull over writes me the citation under HTA 144 (18). There is no indication of any traffic light within the view of the on board camera. However, the disclosure/notes states: "Have clear observations of NB off ramp traffic light because they are approximately 1.5 car lengths north of the north major mackenzie drive east shoulder..." But I took some images and personally think he did not have full observation of the NB off ramp lights. Also he said that I slowed approx. 15kph, then turned right on the red light without ever stopping. I am going to attempt to cast doubt on the video evidence because it shows no indication of "a vehicle failing to stop at a red light".

Since it has been so long since the initial laying of the charge. I don't think I should go up to the stand to testify on my behalf, unless you guys think otherwise. I wanted to get some input from all of you. If I am approach this the right way? Where can I find some great resources to build my cross examination and close?

P.S. I added an image for some context.

Thank you


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Wed Apr 08, 2015 7:49 am 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
If the officer testifies that you were facing a red light and the video camera shows you slowing to an almost stop and then turning is likely going to result in a guilty verdict. Just because it does not appear in the video does not mean it did not happen. Video evidence works in your favor where it clearly contradicts the officers testimony.

35 months? If most of that delay is attributable to the crown you pretty much have a slam dunk 11B. Spend a two to three hundred on a paralegal to get this resolved.


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Re: disobey stop sign - officer don't have a clear view
PostPosted: Wed Apr 08, 2015 9:08 am 
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Joined: Wed Apr 08, 2015 2:04 am
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Thanks for your response. The video will show me slowing down, only to complete the turn. I was in court once and there was a lady who got her fail to stop withdrawn by the JOP because the on board dash was improperly set up. She testified on her own behalf. The JOP mentioned he expects that the officer set up his equipment appropriately.

This ticket has a lengthy history. It's been through appeal and sent back up to court. The delay is not favourable in my case.


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