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Stop sign - HTA 136 1(a) violation
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PostPosted: Wed Mar 03, 2010 12:47 pm 
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Joined: Tue Jun 02, 2009 5:05 pm
Posts: 12
Hello,

I was charged in residential street in Brampton last week for HTA 136-1(a) violation. Actually, the street is just across from my home. I indeed stopped at stop sign and then moved on but the cop said I wasn't.

The cop said that someone in the neighbourhood had complained about people not stopping at stop sign and he had to give tickets. He was talking nicely but still ended up charging me.

I'm choosing a trail however ticketcombat site says it's an uphill battle to beat this charge as it's your words against cop's and they are always right. Please share your experiences. Any help will be greatly appreciated.


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Re: Stop sign - HTA 136 1(a) violation
PostPosted: Fri Mar 11, 2011 4:56 pm 
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Joined: Tue Jun 02, 2009 5:05 pm
Posts: 12
I had a court date today and the interpreter did not come even though I had requested it in the form. There was an argument between the JP and the prosecutor about whose burden is that to ensure that the interpreter is there when the defendant specifically requests for one.

The prosecutor argued that the burden is not on prosecution and it's up to city of Brampton to provide an interpreter. The JP disagreed so the prosecutor asked him to provide her a case law. The judge took a recess just for this and when he came back he said he couldn't find the case law in the short recess therefore he would adjourn the matter.

Could I have asked to quash the charge at that time? I didn't realize it at that time. I'm also thinking to file a stay request as it'll be total 14 months when I have the next court date. No interpreter has been provided to my two first appearances as well so there are total three occurrences where I have not been provided an interpreter even though the request was made.

Is it a good case for violation of section 14 of Canadian charter to stay the proceeding?

Any comments are greatly appreciated.


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Re: Stop sign - HTA 136 1(a) violation
PostPosted: Sat Mar 12, 2011 6:02 pm 
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Joined: Wed Nov 25, 2009 11:28 am
Posts: 149
It's section 11b.

Read this topic carefully: topic2952.html


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Re: Stop sign - HTA 136 1(a) violation
PostPosted: Mon Mar 14, 2011 12:51 pm 
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Joined: Tue Jun 02, 2009 5:05 pm
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Thanks Diehard.

11b is definitely there. I was also thinking to add sections 7 and 14 with 11b. That way if one doesn't work, the other may...


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