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Ontario Highway Traffic Act

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Failure to Stop - Notice of Trial
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PostPosted: Tue Feb 18, 2014 3:20 am 
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Joined: Tue Feb 18, 2014 3:08 am
Posts: 2
So this is my first ticket and I got this in September 2013 for failing to stop at the stop sign. I believe that I did stop, however the officer proceeded to hand me the ticket. I decided to go to trial and received notice of trial in a couple of days. Now my court date in tomorrow and I'm freaking out. I have never done this and I am unsure on how to go on about this.

I am hoping the officer does not show up. But if they do, can I still plead guilty, although I did decide to go to trial by pleading not guilty. If the officer, does show up, I know it's going to be their word against mine. Do I/Can I still plead guilty and ask them to omit 3 demerit points by explaining them that I am a university student and would not be able to afford any hikes in my insurance?

Any suggestion? Tips? Freaking out, this is my first time...thank you


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Re: Failure to Stop - Notice of Trial
PostPosted: Tue Feb 18, 2014 6:14 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
At the start of your trial you’ll be asked how you want to plea. If you no longer want to have a trial, you can simply enter a plea of guilty. During sentencing, you can explain your financial situation and the Justice of the Peace may reduce your fine. They cannot however reduce the demerit points. Once you’re convicted of an offence, they’re automatically applied by the MTO.


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Re: Failure to Stop - Notice of Trial
PostPosted: Tue Feb 18, 2014 9:55 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1063
jonathanfront18 wrote:
Can I still plead guilty and ask them to omit 3 demerit points by explaining them that I am a university student and would not be able to afford any hikes in my insurance?


Yes, you can still plead guilty. They may or may not offer you a reduced charge. They'll do so in return for a guilty plea and avoiding a time consuming trial.

They cannot make points disappear. Points are automatically attributed to the charge and not assessed on a person to person basis. If your charge is reduced, the amount of points may change based on the charge being offered. You cannot plead guilty to a charge that has points and simply have the points reduced. They are applied automatically by the MTO according to the charge. If you leave your trial with any points, they will expire September 2015. They start from the date you were charged and last 2 years.

Insurance companies don't care about points. They don't use them and they don't look at them. Either you are convicted or you weren't. If you could have the points removed from your charge, which you can't, it wouldn't matter to your insurance anyways. Points are a penalty system used by the MTO to punish repeat offenders. It doesn't matter to your insurance company. Being charged may change your rates whether there's points or not. You could be charged with zero points and still have your rates go up. They'll decide your rates based on the charge and your current driving record. Points are not a factor unless you rack up enough to get suspended.


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Re: Failure to Stop - Notice of Trial
PostPosted: Wed Feb 19, 2014 8:51 pm 
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Joined: Tue Feb 18, 2014 3:08 am
Posts: 2
Thank you so much for the information. I was also wondering, if the officer does not show up, do I plea not guilty or do they waive the ticket off?


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Re: Failure to Stop - Notice of Trial
PostPosted: Wed Feb 19, 2014 9:15 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
In fail to stop cases where the officer is the only witness, then if the officer doesn't attend court, the charge is generally dismissed since the prosecution has no evidence to call. If the officer's nonattendance is unexpected (i.e. officer's ill, family death or has a personal emergency) then an adjournment is usually granted. However, if their nonattendance is due to shift conflicts or because they are out on another police matter, then an adjournment is rarely granted by the court and the prosecutor will simply dismiss.


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