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..
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I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
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"Hands-free mode allowed
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What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming school bus initiates the lights while approaching the intersection, but is still moving and has not come…
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
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I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
Hey everyone, sorry if this is the wrong section for this (i'm a new user )
Well today as I was coming home from class, I was travelling at about 116-118 and police officer was driving in the express holding up traffic and I didn't really see him. So as I go to pass in the middle lane we started going down a slight hill (before the service centre on townline exit); I didn't want to apply my…
I am new to the forum and am hoping for some guidance from forum members. Having recently been charged with Stunt Driving (speeding 157 in 100 zone on Hwy 407) and received a summons (for about a month from now), I had the following questions that I would be gracious for some feedback:
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I currently drive a honda civic, with tinted windows. It is 35 % in the front and 20% in the back. however, i got a ticket due to a police officer said the front tints were to dark and he could not see me (at 4 pm, broad day light). Is this ticket unnecessary? and what is the legal limits?
The ticket said: Colour coating obscuring interior
I got a ticket for obstruct plate on morning of Feb 4 2009. I was driving in front of a police officer who was wearing sun glasses. He pulled me over and insisted he cannot see my plate but it was just some dirt or salt. Is it possible for me to fight the ticket? Also I went on york.ca to check the ticket but it says that the offence not found. It has been over 10 days since i got the ticket so I…
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I got a ticket for "operate motor vehicle, no valid tag". The plate was expired. I was driving someone else's vehicle as a favour to them.
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I set a court date to fight the tickets, because I did not have time to meet with prosecutor. I…
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I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
found this resource online, wanted to ask a few questions
I have my trial today, march 3rd in TOronto East
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the trial date is today.
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Ok story starts as this. I admit, I wasn't the smartest!!! lol
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So I have an vehicle which I don't drive over the winter. My birthday is in November. So, to save some cash flow before Christmas, in November 2018 I chose not to buy a sticker, knowing full well that when spring came I would still need to pay the $120 for the period November 2018 - November 2019.
Fast forward to last week, now we finally have some decent weather, I go to the ServiceOntario…
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…