Several months ago, I continued through a 4-way stop sign (there were no other vehicles at, or approaching, the intersection) to avoid a rear-end collision. I did NOT receive an offence notice, so the following question is hypothetical: If an officer had witnessed my vehicle disobeying the stop sign and then issued an offence notice, would the explanation that the offence was committed to avoid a collision be a valid "defence of necessity"? I assume it would. More details on the scenario: As mentioned in the opening sentence, there were no other vehicles at, or approaching, the 4-way stop. The roads were wet and the speed limit was 80 km/hr. While slowing down during the approach to the intersection, I could hear the vehicle behind me starting to "skid" (due to a 4-wheel lock up condition; obviously a car without ABS). A quick glance in the rear-view mirror revealed that the vehicle was starting to "go sideways", i.e. the rear end was sliding out towards the unpaved shoulder. Thus I decided to continue through the 4-way stop to avoid being rear-ended. I am fairly certain that a collision would have occurred if I would have stopped at the intersection, but can't be absolutely certain since I didn't continue looking back to determine exactly where the vehicle managed to stop relative to stop line.
Several months ago, I continued through a 4-way stop sign (there were no other vehicles at, or approaching, the intersection) to avoid a rear-end collision. I did NOT receive an offence notice, so the following question is hypothetical: If an officer had witnessed my vehicle disobeying the stop sign and then issued an offence notice, would the explanation that the offence was committed to avoid a collision be a valid "defence of necessity"? I assume it would.
More details on the scenario: As mentioned in the opening sentence, there were no other vehicles at, or approaching, the 4-way stop. The roads were wet and the speed limit was 80 km/hr. While slowing down during the approach to the intersection, I could hear the vehicle behind me starting to "skid" (due to a 4-wheel lock up condition; obviously a car without ABS). A quick glance in the rear-view mirror revealed that the vehicle was starting to "go sideways", i.e. the rear end was sliding out towards the unpaved shoulder. Thus I decided to continue through the 4-way stop to avoid being rear-ended. I am fairly certain that a collision would have occurred if I would have stopped at the intersection, but can't be absolutely certain since I didn't continue looking back to determine exactly where the vehicle managed to stop relative to stop line.
Agreed, but I should have been clearer in the original post. The other car did not spin out; the car swung out perhaps 20 degrees from the centre line and relatively quickly brought the car under control. However, I am fairly certain that a (minor) collision would have occurred if I would have stopped at the intersection. So, there is a possibility that any officer near the scene would have only observed my vehicle passing through the intersection without stopping; especially if the approach to the intersection was lined with trees (as is common in rural areas) thus obscuring the entire sequence of events. As mentioned in the original post, I assume the above explanation for committing the "disobey sign" offence would be a valid "defence of necessity", so I guess it comes down to credibility when discussing the situation with a prosecutor (or in the courtroom if it goes to trial).
ynotp wrote:
I have a feeling the officer would be more interested in helping and then ticketing the guy who spun out than you.
Agreed, but I should have been clearer in the original post. The other car did not spin out; the car swung out perhaps 20 degrees from the centre line and relatively quickly brought the car under control. However, I am fairly certain that a (minor) collision would have occurred if I would have stopped at the intersection. So, there is a possibility that any officer near the scene would have only observed my vehicle passing through the intersection without stopping; especially if the approach to the intersection was lined with trees (as is common in rural areas) thus obscuring the entire sequence of events.
As mentioned in the original post, I assume the above explanation for committing the "disobey sign" offence would be a valid "defence of necessity", so I guess it comes down to credibility when discussing the situation with a prosecutor (or in the courtroom if it goes to trial).
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
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I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
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Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
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So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
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Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
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I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
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Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
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I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
