I was given a ticket fail to obey stop sign. I was too far back from the white line. He has it on video that I was not at the white line - but he could not see exactly how far behind the white line I was because a big pine tree was in the way. It was dark, and I have a black car. There was a car in front of me that duped me because he stopped - then pulled forward and stopped again - he was turning left - but noticed a pedestrian crossing there. I assumed he was passed the stop line and his car was over the stop bar (which from my vantage point I could not see one) - In my opinion I was stopped immediately before the intersection - and that the guy in front of me was stopped too far in front. Based on due diligence - I did everything reasonable (including the actual stopping part ) Is this offence still classified as absolute liability or can I go to trial under strict liability (where I would have a better chance of winning). Anybody have any luck with this? Thanks
I was given a ticket fail to obey stop sign. I was too far back from the white line. He has it on video that I was not at the white line - but he could not see exactly how far behind the white line I was because a big pine tree was in the way. It was dark, and I have a black car.
There was a car in front of me that duped me because he stopped - then pulled forward and stopped again - he was turning left - but noticed a pedestrian crossing there. I assumed he was passed the stop line and his car was over the stop bar (which from my vantage point I could not see one) - In my opinion I was stopped immediately before the intersection - and that the guy in front of me was stopped too far in front.
Based on due diligence - I did everything reasonable (including the actual stopping part )
Is this offence still classified as absolute liability or can I go to trial under strict liability (where I would have a better chance of winning).
I saw the tape. The officer showed it to me at the scene. You could only see a small piece of the intersection where the white line was. The big pine tree obscured the view if anyone stopped out of the view finder of dash cam. In fact this intersection had at least one car length between the stop sign and the white line. I hope to get the tape to see if you can see a light blinking (as that would have been me with my right turn signal on waiting for my turn). I stopped - but the law says at the white line - not the stop sign. Regardless - those are points that need to get defined and clarified in the Act - as the language is ridiculously too confining. As if everybody makes an exact perfect landing every time at the white line! Besides the white line is meant as a guide to help motorists so one doesn't protrude their car into the cross walk. Some provinces say that you should be behind the white line (enough so that you can actually still see the line). Ontario Act needs to get updated. It will be a long shot - but I'm going for it. Any interesting case law out there? Also I want to get a copy of the police "guidelines" on setting up traffic monitoring. It seems to me the cop should at least set them up so that they see the entire intersection including the stop sign - which this one did not. I want to know if he violating any rules. I told him, he didn't have a full view of the intersection and he said - "you won't win". I didn't even mention that I was going to fight it. But, that made me do it. Also I understand that the officer doesn't have to orally testify if he has a video - correct me if I'm wrong. thanks
I saw the tape. The officer showed it to me at the scene. You could only see a small piece of the intersection where the white line was. The big pine tree obscured the view if anyone stopped out of the view finder of dash cam. In fact this intersection had at least one car length between the stop sign and the white line. I hope to get the tape to see if you can see a light blinking (as that would have been me with my right turn signal on waiting for my turn).
I stopped - but the law says at the white line - not the stop sign. Regardless - those are points that need to get defined and clarified in the Act - as the language is ridiculously too confining. As if everybody makes an exact perfect landing every time at the white line! Besides the white line is meant as a guide to help motorists so one doesn't protrude their car into the cross walk.
Some provinces say that you should be behind the white line (enough so that you can actually still see the line). Ontario Act needs to get updated.
It will be a long shot - but I'm going for it. Any interesting case law out there?
Also I want to get a copy of the police "guidelines" on setting up traffic monitoring. It seems to me the cop should at least set them up so that they see the entire intersection including the stop sign - which this one did not. I want to know if he violating any rules.
I told him, he didn't have a full view of the intersection and he said - "you won't win". I didn't even mention that I was going to fight it. But, that made me do it.
Also I understand that the officer doesn't have to orally testify if he has a video - correct me if I'm wrong.
Someone might correct me but I believe even with a dash cam video the officer still has to take the stand and testify. If this goes to trial it will give you an opportunity to cross examine him about what he says he saw versus what is on the video. The only case I'm aware of where an officer doesn't have to testify is when an automated red light camera is used, as there was no officer there to witness the offence only the automated camera system.
Someone might correct me but I believe even with a dash cam video the officer still has to take the stand and testify. If this goes to trial it will give you an opportunity to cross examine him about what he says he saw versus what is on the video. The only case I'm aware of where an officer doesn't have to testify is when an automated red light camera is used, as there was no officer there to witness the offence only the automated camera system.
Received my court date in the mail yesterday. I am going to request the disclosure this week. Does anyone know if the officers have some sort of "guidelines". "manual" or "rulebook" outlining procedures for setting up road side stop traps? They must have certain procedures that must be followed, such as distance, view of intersection etc.
Received my court date in the mail yesterday. I am going to request the disclosure this week. Does anyone know if the officers have some sort of "guidelines". "manual" or "rulebook" outlining procedures for setting up road side stop traps? They must have certain procedures that must be followed, such as distance, view of intersection etc.
Very unlikely. Some police services may have general safety guidelines recommending members wear reflective vests, etc. when conducting enforcement, but nothing that would dictate specifics about where/how they should set up for various types of enforcement.
penny wrote:
Received my court date in the mail yesterday. I am going to request the disclosure this week. Does anyone know if the officers have some sort of "guidelines". "manual" or "rulebook" outlining procedures for setting up road side stop traps? They must have certain procedures that must be followed, such as distance, view of intersection etc.
Very unlikely. Some police services may have general safety guidelines recommending members wear reflective vests, etc. when conducting enforcement, but nothing that would dictate specifics about where/how they should set up for various types of enforcement.
I've never heard of such a thing - imagine how cumbersome it would be with the myriad of intersections that exist. Then you'd have to do the same thing for other situations. We're trained to use our common sense and then, if required, to defend that in court.
penny wrote:
Received my court date in the mail yesterday. I am going to request the disclosure this week. Does anyone know if the officers have some sort of "guidelines". "manual" or "rulebook" outlining procedures for setting up road side stop traps? They must have certain procedures that must be followed, such as distance, view of intersection etc.
I've never heard of such a thing - imagine how cumbersome it would be with the myriad of intersections that exist. Then you'd have to do the same thing for other situations. We're trained to use our common sense and then, if required, to defend that in court.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
I've never heard of such a thing - imagine how cumbersome it would be with the myriad of intersections that exist. Then you'd have to do the same thing for other situations. We're trained to use our common sense and then, if required, to defend that in court. Seriously, here is some common sense. Every company has procedures regardless - especially the police force . If you get arrested, they have "procedures" on how to do that. When they set up a stop sign trap, perhaps they have some procedures too when they set up the video camera - such as must have view of entire intersection, must have white marker and stop sign in camera view, must be able to see two car distances minimum etc etc etc.
I've never heard of such a thing - imagine how cumbersome it would be with the myriad of intersections that exist. Then you'd have to do the same thing for other situations. We're trained to use our common sense and then, if required, to defend that in court.
Seriously, here is some common sense. Every company has procedures regardless - especially the police force . If you get arrested, they have "procedures" on how to do that. When they set up a stop sign trap, perhaps they have some procedures too when they set up the video camera - such as must have view of entire intersection, must have white marker and stop sign in camera view, must be able to see two car distances minimum etc etc etc.
All I'm telling you is I've never heard of it. The officer would have to have enough evidence to proceed with a charge. The system allows you to challenge that in court. We have many policies and procedures but not for every conceivable action that we might take. That's where common sense comes into play.
All I'm telling you is I've never heard of it. The officer would have to have enough evidence to proceed with a charge. The system allows you to challenge that in court. We have many policies and procedures but not for every conceivable action that we might take. That's where common sense comes into play.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Agreed. It's one thing that procedures are needed for something like a radar gun. If an officer is relying on a piece of technology to give him a reading down to the kilometer, there needs to be procedures to make sure that piece of machinery is up to spec and functioning properly. An officer doesn't need a procedure to witness you rolling a stop sign. The video is a bonus, but it is not needed. You either did, or you didn't. The fines don't change depending on how you rolled it. He doesn't need sophisticated equipment to prove his case. If he is claiming he didn't witness the violation but it's on camera (which he won't), then you could argue what's on the footage.
argyll wrote:
All I'm telling you is I've never heard of it. The officer would have to have enough evidence to proceed with a charge. The system allows you to challenge that in court. We have many policies and procedures but not for every conceivable action that we might take. That's where common sense comes into play.
Agreed. It's one thing that procedures are needed for something like a radar gun. If an officer is relying on a piece of technology to give him a reading down to the kilometer, there needs to be procedures to make sure that piece of machinery is up to spec and functioning properly.
An officer doesn't need a procedure to witness you rolling a stop sign. The video is a bonus, but it is not needed. You either did, or you didn't. The fines don't change depending on how you rolled it. He doesn't need sophisticated equipment to prove his case. If he is claiming he didn't witness the violation but it's on camera (which he won't), then you could argue what's on the footage.
I was stopped for same thing as Penny, but I was on my way to husbands funeral, so I refused to see In car video. Despite requesting disclosure 2 times, when I got to court, the judge didn't care if section 7 or 11 of the charter was violated. When I TRIED explaining other issues with ticket, location officer wrote does not exhist in Toronto as well no video given for disclosure, judge says " fine, she will adjourned my case until the police finds the icc video I refused to see, and asks me why I want to see video now, if I didn't want to see it in March 2013.. Judge starts asking me questions, and basically made me tell her, and the prosecuting attorney what my defense will probably be, giving them a heads up.. I was told things in Toronto court are a lot more strict than 4 months ago.. when I could defend myself years ago.. judge assumes everyone was guilty prior to giving their plea.. Good luck Penny...
I was stopped for same thing as Penny, but I was on my way to husbands funeral, so I refused to see In car video.
Despite requesting disclosure 2 times, when I got to court, the judge didn't care if section 7 or 11 of the charter was violated. When I TRIED explaining other issues with ticket, location officer wrote does not exhist in Toronto as well no video given for disclosure, judge says " fine, she will adjourned my case until the police finds the icc video I refused to see, and asks me why I want to see video now, if I didn't want to see it in March 2013..
Judge starts asking me questions, and basically made me tell her, and the prosecuting attorney what my defense will probably be, giving them a heads up..
I was told things in Toronto court are a lot more strict than 4 months ago.. when I could defend myself years ago.. judge assumes everyone was guilty prior to giving their plea..
Good luck Penny...
I've always lived by the rules of Nature. Its the other ones you need to Be Aware of..
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
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Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…