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..
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
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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…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
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My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
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I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.