Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

HTA 136(1)a - stop wrong place
Author Message
PostPosted: Wed Jan 21, 2009 5:40 pm 
Offline
Newbie

Joined: Wed Jan 21, 2009 5:22 pm
Posts: 1
Does anyone know where I would find out what the maximum distance is for how far back from the stop line you can be in order to still meet the "stop at stop line" requirement at an intersection?

The car in front of me stopped further into the intersection - covering the crosswalk lines - I stopped behind that car - approx 1 foot behind line and 1 foot in front of stop sign. I suspect that the cop couldn't see the lines and only saw two cars stop and then saw that I didn't pull up again and stop before entering the intersection after the other car had gone through so the cop assumes that I stopped in the wrong place when in fact I was only 1 foot behind the stop line.

Any help would be appreciated.


Top
 Profile  
 
PostPosted: Wed Jan 21, 2009 7:21 pm 
Offline
Sr. Member
User avatar

Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
Seems like an easy win to me!


136. (1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 136 (1).


You should review court procedures at TicketCombats site http://www.ticketcombat.com/ I would suggest just one question for the officer under oath:
- "Officer, could you tell me exactly where the front of my car was in relation to the stop bar painted on the road when I was stopped behind another car?"

If he can't answer, ask for immediate dismissal.

Be sure to review his notes in the Disclosure you will request from the Crown. He may testify that you never stopped AT ALL which means you will lose.

The position of the stop sign is irrelevant.


Top
 Profile  
 
PostPosted: Thu Jan 22, 2009 11:25 am 
Offline
Member
User avatar

Joined: Sat Jun 07, 2008 8:14 pm
Posts: 109
Location: Caledonia, Ontario
I'll be interested to know how this one turns out, justme123, because I had exactly the same thing happen to me years ago, in Dundas, Ont. Car in front of me stopped on the crosswalk, I stopped behind it, just short of the stop line, then proceeded, without stopping again, when the way was clear. I'd seen the parked police car and when he pulled out, silly me, I thought he was going after the car that had stopped on the crosswalk. Nope.

I said I had stopped at the stop line, he said I went through the intersection without stopping, and that was that. I lost. I've often wondered what defense I could have used that might have had any chance of success.


Top
 Profile  
 
PostPosted: Thu Jan 22, 2009 5:14 pm 
Offline
Member

Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
I went to court for the same charge "fail to stop at stop sign". I requested disclosure. No disclosure sent.
At first trial, cop showed me his note outside of court room advised me to take the plea bargain, but the crown asked for delay the trial due to lack of time.
I requested disclosure again. At 2nd trial, no disclosure, cop didnot show, charge dropped.
I expect if you get disclosure it just says he witnessed you not doing a stop, and that is it. all your arguments related the car in front you is irrelevant to the cop, no such thing was recorded in his notes. You can use it as a back up if the case goes to trial, but you likely wont win.
like other suggested, read www.ticketcombat.com and others, wait for trial date in the mail, get diclosure, try s11b defense, try delay trial till cop no show, plea bargain...just share my experience


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. HTA 136 (1)(9)Failure to Stop at Stop Sign wrong character

edfun

2

1179

Sun May 15, 2011 10:45 am

edfun View the latest post

There are no new unread posts for this topic. Help? Stop at wrong place

bradc

0

638

Thu Jun 09, 2011 6:33 pm

bradc View the latest post

There are no new unread posts for this topic. Disobey stop sign-stop on wrong place AND permit request

Dolittle

8

2257

Thu Aug 20, 2009 10:39 am

Dolittle View the latest post

There are no new unread posts for this topic. Disobey stop sign - stop wrong place

dylan.hughes

9

3575

Wed Jan 09, 2013 4:22 pm

dylan.hughes View the latest post

There are no new unread posts for this topic. disobey stop sign - stopped in the wrong place - hta136 1a

paradigm

1

1161

Thu Feb 18, 2010 10:54 am

Traffic Law View the latest post

There are no new unread posts for this topic. 2 Tickets with 136(1)(A) and 7(5)(A) <-- Wrong HTA Code

lls888

1

2282

Fri Feb 19, 2010 11:53 am

cruzmisl View the latest post

There are no new unread posts for this topic. HTA 136 (1)(a)Failure to Stop at Stop Sign, Arguement valid?

Screwed

7

4134

Wed Oct 20, 2010 10:08 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Charged with HTA 136 1 9 disobey stop sign, failed to stop

mel

11

3774

Sat Feb 04, 2012 12:03 am

mel View the latest post

There are no new unread posts for this topic. Fail to stop at stop sign HTA 136 while officer was busy

IPZ06

1

1184

Wed May 02, 2012 6:59 am

Stanton View the latest post

There are no new unread posts for this topic. Disobey stop sign - Fail to stop HTA 136(1)(a)

[ Go to pageGo to page: 1, 2 ]

ticketfighter

18

11278

Sun Oct 26, 2008 7:32 am

Proper1 View the latest post

There are no new unread posts for this topic. Disobey stop sign - fail to stop, HTA 136(1)(a)

driver

4

4853

Sun Jan 06, 2013 2:24 pm

Kev View the latest post

There are no new unread posts for this topic. Disobey Stop Sign - HTA 136(1) (A)

karate

1

1768

Sun May 10, 2009 11:45 pm

hwybear View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.