Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 3 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Fail to stop - need advice
Author Message
PostPosted: Fri Jan 28, 2011 10:50 am 
Offline
Newbie

Joined: Fri Jan 28, 2011 10:30 am
Posts: 2
I am fighting a violation for Fail to Stop - Disobey sign. My court date is Feb 3, 2011.

First the violation written by the officer lists my Given name as one of my last names and my Family name as my second last name. My true Given and middle name were omitted by the officer. I am going to attempt to have the proceeding quashed on the ground that the information bears a fatal flaw -- no Defendant's name.

I know that the ticket can be amended and I have to be prepared to proceed.

Truth is, the officer who wrote the ticket claims he followed me from near my home and observed my supposed failure to stop at a stop sign. I believe he was not behind me at all....I know his vehicle was parked 4 blocks away (no where near the interesection where he claims I failed to stop and where he couldn't even see the particular intersection). I passed his vehicle on a different street where the intersection he claims I avoided a sign is not in site. I think he pulled my vehicle over without cause - simply because of the neighborhood; took a look at my record and saw previous traffic violations (none for failing to stop)...was hoping to nail me for something big like no insurance and when he couldn't he wrote this fictious charge -- knowing the area and my address because of all of the one way streets it wouldn't have been hard to assume I travelled the route and had crossed the intersection in question.

How do you call out an officer of the law in court? The fact that he didn't write the ticket properly is one thing....but to accuse him of lying???? I don't know if it is best to just try to get him to agree that it is possible he blinked while I stopped and missed it....I am just so frustrated because I KNOW he wasn't behind me when he claims he was and that all of this is bogus. Any suggestions????


Top
 Profile  
 
Re: Fail to stop - need advice
PostPosted: Fri Jan 28, 2011 5:20 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
ram1224 wrote:
First the violation written by the officer lists my Given name as one of my last names and my Family name as my second last name. My true Given and middle name were omitted by the officer. I am going to attempt to have the proceeding quashed on the ground that the information bears a fatal flaw -- no Defendant's name.


I don't think most JP's consider that a fatal flaw. I would anticipate it being amended. And it's not that there's "no name" it's that the officer switched the order of the name - that's different.

With regards to accusing the officer of lying, I'd suggest it probably will not be successful unless you have some way to prove it. There's no super sneaky question(s) you can ask that are going to trip him up and make him say, "you're right, I wasn't actually behind you." If that's his evidence in his notes, it's HIGHLY unlikely his evidence on the stand will be any different.

Usually what these cases come down to, as I've said in other threads, is: you give your evidence, the officer gives his, and the JP makes an assessment of whether there is reasonable doubt, based on the evidence before him.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: Fail to stop - need advice
PostPosted: Mon Jan 31, 2011 9:04 am 
Offline
Newbie

Joined: Fri Jan 28, 2011 10:30 am
Posts: 2
Thank you for the reply.

My mother was in the vehicle with me at the time. I've been told that JP most likely will not give much weight to her testimony as she was a passenger in my vehicle and is considered biased. With her testimony do you think we should still bring up the fact that the officer was not behind me where\when he claims he was or should we just stick to the stop itself?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. advice requested on a fail to stop 216(1) charge

Nomad

1

1693

Sun Jan 15, 2012 9:10 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Disobey Stop Sign - Fail to Stop and Fail to Signal for Turn

bijalshah01

0

928

Thu Jul 18, 2013 10:00 am

bijalshah01 View the latest post

There are no new unread posts for this topic. Fail to Signal for Turn and Disobey Stop Sign - Fail to Stop

bijalshah01

1

1195

Thu Jul 18, 2013 4:24 pm

bend View the latest post

There are no new unread posts for this topic. Fail to report - advice needed

[ Go to pageGo to page: 1, 2 ]

EphOph

22

1290

Mon Oct 24, 2016 1:55 am

argyll View the latest post

There are no new unread posts for this topic. Disobey Stop Sign/Fail to Stop-Back to Court on Same Ticket?

screwed-by-guys_in-blue

4

8248

Mon Nov 23, 2009 10:12 pm

screwed-by-guys_in-blue View the latest post

There are no new unread posts for this topic. Fail to stop at stop sign HTA 136 while officer was busy

IPZ06

1

1184

Wed May 02, 2012 6:59 am

Stanton View the latest post

There are no new unread posts for this topic. Disobey stop sign - Fail to stop HTA 136(1)(a)

[ Go to pageGo to page: 1, 2 ]

ticketfighter

18

11278

Sun Oct 26, 2008 7:32 am

Proper1 View the latest post

There are no new unread posts for this topic. Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)

aspar88

7

4908

Thu May 14, 2009 9:15 pm

hwybear View the latest post

There are no new unread posts for this topic. So I got a Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)

legendary04

1

9447

Sat Aug 01, 2009 9:12 pm

liveontheedge View the latest post

There are no new unread posts for this topic. Disobey stop sign/fail to stop - How to use fatal error?

tdtd

12

2559

Tue Jul 20, 2010 9:44 pm

Radar Identified View the latest post

There are no new unread posts for this topic. 2 fail to stop tickets (stop sign, red light)

BREAKBEND

1

1280

Wed Jul 28, 2010 3:51 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Disobey stop sign. Fail to stop. - ROAD WAS SLIPPERY! HELP!

kfrancisco

3

664

Thu Jan 20, 2011 8:01 am

kfrancisco View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.