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Ontario Highway Traffic Act

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So I got a Disobey Stop Sign/ Fail to stop Sect 136 (1) (A)
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PostPosted: Sat Aug 01, 2009 2:19 pm 
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Joined: Thu Jul 30, 2009 6:41 pm
Posts: 1
Location: Oakville, ON
I am 20 years old living in Oakville, Ontario and I got this disobey Stop Sign ticket for $110 and 3 Points. I have never had any tickets in my life and I have never been pulled over. I got it on July 30th at about 3:00pm at a three way stop intersection that is fairly new in a construction area. I wasn't speeding and obviously I never saw the cop. I did a rolling stop but so did the guy in front of me. I want to take it to court but I have no idea what the process is like.

I am pretty nervous in a way because I can't afford insurance if I get these three points. Should I plead not guilty? Or Should I plead guilty (2) and ask for my points to be lowered or taken away? (Is that even allowed?)

I feel like I was targeted because I have an older Mercedes-Benz, even though it was a rolling stop. I saw enough people do it before and after me. So why me? I feel this was for him to hit his quota.

How long will it take for me to get a court date? Will my insurance be notified before my court date? Do I have the points right now, or will they only show on my driving record once I am proven guilty? (if I am)

Any help and information is helpful. I was hoping to go for my G road test but I feel like now because of this I wont be allowed, am I right on that or wrong?

I have never really had any run ins with the law or cops in this way. Any help is great.

Thanks


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PostPosted: Sat Aug 01, 2009 9:12 pm 
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Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
Only after you plead guilty or found guilty in a court of law, the conviction and points will be entered in your driving record and only then the insurance may be able to know if they pull your driving abstract upon policy renewwal (They don't pull every driving abstract though to save money)
Many insurance companies forgive the 1st ticket for G driver (not sure about your non G license, check with yours anonimously).
By contesting the charge there will be a delay for conviction to make it into your driving record if you are ever found guilty. Not sure about the delay in Oakville, consider disclosure request and till you receive it, i say at least few months, so you can take your G road test.

You don't need to decide yet whether to fight it or not at this early stage, just fill out the "notice of intention to appear", wait for trial date in the mail, ask for disclosure, play peekaboo with the cop, consider the plea bargain then decide.
So be patient, be prepared by doing some research on the charge.

The cop went fishing and unfairly hooked your Mecedes-Benz for his Sushi dinner, not much you can do about it except to write to your politician to lobby for changing the stop sign to yield sign. That will effectively eliminate the unfair fishing at intersection.


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