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Ontario Highway Traffic Act

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Failed to come to a complete stop
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PostPosted: Tue Oct 11, 2011 10:09 am 
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So I got pulled over for supposedly for running a stop sign. The problem is that I did a complete stop, waited a split second and started again. And yes I did stop behind the white line.

He took my information and went back to his car to write me up a ticket, came back and gave me my fine and explained to me the process. He gave me a reduced fine (65$ and ne points).

He was going back to his car and he heard me mutter to myself "ill see you in court" because I didnt do anything wrong. So he came back and took my ticket then re-issued me the full fine (110$ with points).

I think he was just looking at reaching his "quota" because I was driving my classic car with the top down listenning to Led Zeppelin. He prolly saw me and said "bulls-eye". and pulled me over "just cause" lol.

Has anyone ever successfully fought a ticket? Is there anything I should be saying when I have the 1 on 1 with the prosecutor? I was suggested to have a 1 on 1 with the prosecutor because apparently they can cancel the ticket without going to court.

I have never had a ticket ever in the 11 years I have been driving. Always been a cautious and curtious driver and 1 day I drive my new Classic Car and get pulled over on nothing because I remember doing my stop completely and correctly.

Any help can be greatful (I live in Ottawa)


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Re: Failed to come to a complete stop
PostPosted: Sun Oct 16, 2011 11:37 pm 
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The officer has no discretion to issue you a reduced fine. The fine for failing to stop for a stop sign is set by the Chief Justice of Ontario at $110.

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Re: Failed to come to a complete stop
PostPosted: Sat Oct 22, 2011 9:14 pm 
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Well... he does have the discretion to give you a reduced CHARGE, but not a reduced fine on the charge itself...

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Re: Failed to come to a complete stop
PostPosted: Mon Oct 24, 2011 1:41 pm 
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What do you mean by that?

Can you explain in more detail? I think that it can be a option I can use when I fight the ticket.


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Re: Failed to come to a complete stop
PostPosted: Mon Oct 24, 2011 10:40 pm 
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Couple of things:

enrodude wrote:
He was going back to his car and he heard me mutter to myself "ill see you in court" because I didnt do anything wrong.


Looking back, do you think keeping quiet at the time would've been a better course of action?

enrodude wrote:
What do you mean by that?


The officer had a number of things he could've charged you with.

1. Disobey Stop Sign, section 136 (1)(a) of the Highway Traffic Act: $110 fine, 3 demerit points (unless it's a community safety zone)
2. Disobey Sign, section 182 (2) of the Highway Traffic Act: $110 fine, 2 demerit points
3. Municipal By-Law infraction: Sounds like $65 in this case... and it would've been no demerit points and not affected your driver record

Sounds like he gave you the by-law infraction to save you the points and the driver record hit. When he heard you say "I'll see you in court," he decided to charge you under the Highway Traffic Act. He used discretion initially to give you a reduced charge, but took it away. You cannot use this to fight the traffic ticket, in my opinion. You could plea-bargain to a lesser offence, or see if the Prosecutor messes up the handling of your case, but if you do go to trial, it will be your word against the officer's.

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http://www.OntarioTicket.com OR http://www.OHTA.ca


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Re: Failed to come to a complete stop
PostPosted: Tue Oct 25, 2011 1:59 pm 
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Yes I wish I didnt say anything at all however when I muttered it to myself, it was intended for myself to hear it and not him.

What are the differences from all 3 tickets? They all seem the same to me. And yes, It was in a residential area so I believe I was ticketed as option 2.

Have any suggestions on how to proceed for my court case? I have taken images off google maps of the stop sign (my point of view) and of the road from where the cop was located and from his point of view there is a shroud blocking the stop sign. Maybe I can use that as a possibility that he couldnt see me do my stop because it was blocking his view.

I also filed a complaint against the cop for being rude to me and previously talked to "X-Coppers" telling me to bring in confirmation of the report.

The more I prepare, the more I look good I guess.


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Re: Failed to come to a complete stop
PostPosted: Tue Oct 25, 2011 2:53 pm 
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Just so you don't have any false expectations, the officer's rudeness, even if you complaint is substantiated and he's disciplined for it, will not have any effect on your ticket.

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