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Ontario Highway Traffic Act

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Disclosure: Incorrect weather conditions stated
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PostPosted: Wed May 01, 2013 8:20 am 
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Joined: Wed May 01, 2013 8:00 am
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In the Officer's notes he's stated that the weather was Clear/Dry, which isn't true. Myself and my passenger distinctly remember that it was an extremely foggy evening. I've tried pulling historical weather data for that date, but unfortunately nothing I've found talks about visibility. This was my only defence for my Disobey Stop Sign ticket; I was driving in an area I wasn't familiar with, visibility was low, and it was too late to make a safe and complete stop by the time I saw the stop sign. Is there anything I can do to prove it wasn't clear? Or is that a poor defence regardless?

If not, I will try to plea bargain with the prosecutor before it goes to trial. Do anyone know what a prosecutor might typically plea bargain this offence down to?

Thanks kindly.


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Re: Disclosure: Incorrect weather conditions stated
PostPosted: Wed May 01, 2013 8:34 am 
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Joined: Wed May 01, 2013 8:00 am
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One more question, regarding Insurance:

I currently only have my G2, and will be going for my G this October. Once I pass I'll have to contact my insurance company. How likely are they to pull an abstract? I'm in a low-risk group [female and older than 30].

Thanks again.


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Re: Disclosure: Incorrect weather conditions stated
PostPosted: Wed May 01, 2013 1:12 pm 
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Joined: Fri Sep 30, 2011 8:42 am
Posts: 138
1. It is a poor defence regardless because you are responsible to adjust your driving behaviour according to weather conditions. This means driving slow enough that you can see, and react to, all road signs and obey rules of the road.

2. Varies from insurance company to insurance company, but I would chance it especially if you cut a deal with the prosecutor and it ends up being a by-law or something.

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