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Ontario Highway Traffic Act

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Failure to stop at stop sign. But I did stop!
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PostPosted: Mon Oct 05, 2009 1:11 pm 
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Joined: Mon Oct 05, 2009 12:54 pm
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I dropped my wife off at work last week, and proceeded to drive to my next destination.

It was 7:40am, I was driving S on Blue Jays Way. As it goes around the SkyDome (Rogers Centre) it turns and heads W. There's a stop sign very soon after.

There were no cars around.

I know that the downtown streets have all kinds of strange things during "rush hour" times, so I was driving really careful. I was looking around, and didn't see any "no left turn" signs. I approach the stop, slowed down and stopped for a quick moment. This is a 3-way stop. There were no cars around, nor did I see any no left turn signs.

So I proceed to make the left turn to head S on Navy Wharf Court.

On the right-side (just a tiny bit from that intersection) is a driveway to a presentation centre. A dark blue cruiser pulls out from there into the middle of the street with the lights blazing (no siren) and pulls me over in to the presentation centre driveway. As I roll down the window, the officer says "I pulled you over for driving through the stop".

He asks for my license, and tells me to go down the driveway and turn around and park behind him.

As I approach his car, within 20 seconds he gets out and gives me a ticket and says that the residents of the area have complained about people not stopping, and that's why he was there.

He continued to say that I should fight the ticket and get it reduced.

The ticket was for $110 (Total payable) and 3-points. It says "Disobey stop sign - fail to stop"

Now, I know that I stopped. The car stopped moving, I looked around, and then proceeded. I was not stopped for 2 or 3 seconds though.

After reading some things on the forum, I know that there is no specific amount of time required to be stopped, as long as the vehicle did stop.

I plan on going for the "first meeting" towards the end of this week, I just have to schedule time off work.

There was nobody else in the car with me. And it's essentially my word against his.

My problem with all this is that when he pulled me over, I thought that it was for making a left turn (despite the fact that I didn't see any signs), but I didn't get a chance to say that to him.

My driving abstract is clean.

I just don't want this on my record.

1. What do you suggest I do?
2. What do I say?
3. Do I need to go to 123 Edward Street, or are there other places I can go further north? It would be a lot more convenient for me if it was somewhere further uptown.
4. Do you have any other thoughts or suggestions for me?


Last edited by great123 on Tue Oct 06, 2009 7:46 am, edited 1 time in total.

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PostPosted: Mon Oct 05, 2009 5:31 pm 
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Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
Dont waste your time for meeting with prosecutor (unless you want to plead guilty). First attendance meetings are designed for one thing only... and I dont think you want it.

File the ticket for trial and prepare to fight it. There is two sides of the story! Not just a police officer's.

You stopped. (see R. v. W.D. case)


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PostPosted: Mon Oct 05, 2009 9:09 pm 
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Joined: Mon Oct 05, 2009 12:54 pm
Posts: 2
Traffic Law wrote:
Dont waste your time for meeting with prosecutor (unless you want to plead guilty). First attendance meetings are designed for one thing only... and I dont think you want it.

File the ticket for trial and prepare to fight it. There is two sides of the story! Not just a police officer's.

You stopped. (see R. v. W.D. case)


When I google "R. v. W.D. case" the results come back with a sexual assault case... not quite the same thing. Do you have a URL for me to look at?

How much does it cost for someone to fight the ticket on my behalf? Any recommendations on whom I should contact?


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Stop Sign ticket
PostPosted: Tue Oct 06, 2009 6:59 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Hi David,

The ticket the officer gave you has 3 demerit points on it.

If you pay the ticket it will go on your driving record for 3 years to which your insurance company has access to and can base your insurance rate on. Its a particularly bad ticket because your insurance company will perceive that your driving through intersections against the traffic lights and likely to be involved in an accident, thereby increasing your insurance rates.

The first attendance meeting is for people who forgot their drivers license or insurance card. The prosecutor will not drop the stop sign ticket.

Most officers are giving this ticket because "they feel" that you did not come to a "full and complete stop" for the stop sign.

When you go to court you want to be able to give evidence that you came to a full and complete stop, as well you want to be able to cross examine the police officer about what the Ontario Regulations say about stop signs.

Your chances will always be better of winning the case in court if you have someone who knows the system, how to run a trial, and the legal arguments.

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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