I need help, my trial is May 9th, 2011. I am fighting a failure to stop at stop sign, HTA 136(1)(a). My argument is the obstucted view that the officer had. In his notes it said he was in an unmarked cruiser, where in fact her was in a marked cruiser, behind another unmarked cruiser. His view would have been obsrtucted because he was behind the unmarked cruiser, but that is not stated in his notes. Also, the actual ticket says east bound, when I was travelling west bound, this is confirmed by the officer, when he stated that I made a left turn.. I do not know if this makes a difference or not. I took pictures from the position where the officer was parked behind the unmarked cruiser, and clearly there is no way he could detemine whether I made a complete stop at the line. Luckily there was another vehicle parked where the unmarked cruiser was and I parked behind it, putting my vehicle in the same position as the officer's vehicle who issued me the ticket and it is clearly obstructed. The intersection is a pure right angle and with a car parked in front of you, it would be impossible to see what was happening in front of that vehicle...my pictures show this, however the files were too big for me to attach them... I'm hoping that this arguement/pictures is enough to throw the ticket out? I have wasted so much time filing for trail, fist interview, disclosure requests, and now a trail, but I feel that I have to fight this because this charge is unjust and I feel I need to stick up for my rights. Does anybody have any advice they can give me, or am I going to go into the court room and be crushed by the prosecutor?
I need help, my trial is May 9th, 2011. I am fighting a failure to stop at stop sign, HTA 136(1)(a).
My argument is the obstucted view that the officer had. In his notes it said he was in an unmarked cruiser, where in fact her was in a marked cruiser, behind another unmarked cruiser. His view would have been obsrtucted because he was behind the unmarked cruiser, but that is not stated in his notes.
Also, the actual ticket says east bound, when I was travelling west bound, this is confirmed by the officer, when he stated that I made a left turn.. I do not know if this makes a difference or not.
I took pictures from the position where the officer was parked behind the unmarked cruiser, and clearly there is no way he could detemine whether I made a complete stop at the line. Luckily there was another vehicle parked where the unmarked cruiser was and I parked behind it, putting my vehicle in the same position as the officer's vehicle who issued me the ticket and it is clearly obstructed. The intersection is a pure right angle and with a car parked in front of you, it would be impossible to see what was happening in front of that vehicle...my pictures show this, however the files were too big for me to attach them...
I'm hoping that this arguement/pictures is enough to throw the ticket out?
I have wasted so much time filing for trail, fist interview, disclosure requests, and now a trail, but I feel that I have to fight this because this charge is unjust and I feel I need to stick up for my rights.
Does anybody have any advice they can give me, or am I going to go into the court room and be crushed by the prosecutor?
The error involving the direction of travel is not fatal. With respect to your defence, the trick will be convincing the JP that the view that you claim to have had when you went to the place the officer was (the view you took pictures of) is the view the officer had. If he was in a slightly different position or at a slightly different angle, he may have been able to see whether you stopped or not and that may be his evidence. He may say, "I don't care what your pictures show, I could see your vehicle." What are you going to say to that? Just some things to think about.
The error involving the direction of travel is not fatal. With respect to your defence, the trick will be convincing the JP that the view that you claim to have had when you went to the place the officer was (the view you took pictures of) is the view the officer had. If he was in a slightly different position or at a slightly different angle, he may have been able to see whether you stopped or not and that may be his evidence. He may say, "I don't care what your pictures show, I could see your vehicle." What are you going to say to that? Just some things to think about.
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…
