On Nov. 5th I received a ticket for failing to stop. I do admit I didn't fully stop but I didn't completely ignore the stop sign but did a "rolling stop". I did have a reason for not fully stopping but the officer gave me a ticket regardless. Two days earlier, on Nov. 2nd, I had toe surgery on both of my big toes. My toes were bandaged up, sore and swollen. So swollen in fact that I had to wear running shoes all the time as none of my other shoes would fit. I received the ticket rather close to my house and this was the 3rd stop sign on the way to work. At the first two stop signs I made sure to press the pedal with the ball of my foot which required some weird manouvering and felt quite odd. At that 3rd stop sign, I pressed with my toes and it hurt like a bitc% so after quickly glancing around the intersection to make sure I would not cause an accident, I let go of the pedal resulting in my "rolling stop". Do I have a case or should I not even bother with court? I do have proof of the surgery plus pictures of my swollen toes. Thanks.
On Nov. 5th I received a ticket for failing to stop. I do admit I didn't fully stop but I didn't completely ignore the stop sign but did a "rolling stop". I did have a reason for not fully stopping but the officer gave me a ticket regardless.
Two days earlier, on Nov. 2nd, I had toe surgery on both of my big toes. My toes were bandaged up, sore and swollen. So swollen in fact that I had to wear running shoes all the time as none of my other shoes would fit.
I received the ticket rather close to my house and this was the 3rd stop sign on the way to work. At the first two stop signs I made sure to press the pedal with the ball of my foot which required some weird manouvering and felt quite odd.
At that 3rd stop sign, I pressed with my toes and it hurt like a bitc% so after quickly glancing around the intersection to make sure I would not cause an accident, I let go of the pedal resulting in my "rolling stop".
Do I have a case or should I not even bother with court? I do have proof of the surgery plus pictures of my swollen toes.
Problem is, with this particular offence, you either stop or you do not. Often this offence is viewed as "strict liability," which basically means that if you did commit the offence, you have two defences: 1. Defence of necessity (life-threatening emergency requiring you to fail to stop), or 2. Defence of due diligence (you took reasonable steps to avoid committing the offence). Unfortunately, having painfully sore toes due to surgery is probably not sufficient. If your brakes failed suddenly and unexpectedly, or the sign was obscured, that would be a defence of due diligence. You might, however, be able to plea-bargain it down to a lesser offence, if the officer shows up for court. (Where did this offence take place?) There is a possibility that the Prosecutor may withdraw the charge if you give an explanation, but I would not bet on it. If it goes to trial, I'm not very optimistic your explanation would be a successful defence.
Problem is, with this particular offence, you either stop or you do not. Often this offence is viewed as "strict liability," which basically means that if you did commit the offence, you have two defences: 1. Defence of necessity (life-threatening emergency requiring you to fail to stop), or 2. Defence of due diligence (you took reasonable steps to avoid committing the offence). Unfortunately, having painfully sore toes due to surgery is probably not sufficient. If your brakes failed suddenly and unexpectedly, or the sign was obscured, that would be a defence of due diligence.
You might, however, be able to plea-bargain it down to a lesser offence, if the officer shows up for court. (Where did this offence take place?) There is a possibility that the Prosecutor may withdraw the charge if you give an explanation, but I would not bet on it. If it goes to trial, I'm not very optimistic your explanation would be a successful defence.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
