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

Wait time at a stop sign?
Author Message
PostPosted: Wed Apr 25, 2012 5:09 pm 
Offline
Newbie

Joined: Mon Aug 24, 2009 3:53 pm
Posts: 8
I was on my way to work one typical morning, and I stopped at the subdivision stop sign, then proceeded only to be pulled over by the police.
I received a ticket from a cop who told me that I didn't stop at the stop sign for long enough, I did in fact stop, it wasn't a rolling stop, he indicated that I didnt stop for 3-5 seconds ...
Is there such a rule in the Ontario Highway Traffic Act that stipulates this? I obeyed the stop sign but didn't count 5 steamboats, what the?

I was also charged with an out dated insurance slip, that was out of date by 5 days ... 5 days!! The police officer told me to take the new insurance slip to the court and they would waive it. The new slip is on my kitchen counter, I just haven't swapped it in my vehicle yet. Now I have to take time off work to go to the court

I received two "questionable" offenses, can anyone provide any help?
Thanks in advance


Top
 Profile  
 
Re: Wait time at a stop sign?
PostPosted: Wed Apr 25, 2012 6:23 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
There is no guarantee that the prosecutor will "waive" (withdraw) the insurance charge, regardless of what the officer said. That is often what happens, but the officer cannot bind the prosecutor to a course of action.

With respect to the stop sign charge the HTA just says that a vehicle must come to a complete stop. It doesn't say anything about how long you have to be at a complete stop for.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: Wait time at a stop sign?
PostPosted: Thu Apr 26, 2012 10:30 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Frodamob wrote:
I did in fact stop, it wasn't a rolling stop, he indicated that I didnt stop for 3-5 seconds ...


As Simon says... the HTA only says you have to stop. There is no time period specified. The only requirement is that your forward motion must cease, even for a split second. I'd file for disclosure and see what his notes say. If they say something like "vehicle did not stop for at least 3 seconds" it's PARTY TIME! Okay, not really... but you should be able to either get the charge withdrawn, or win in court, if that's the case. Driving schools often teach 3 seconds, but that's not the law... and in Toronto you're just inviting the person behind you to pass you and run the stop sign, or the person who is waiting for you to go ahead.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Re: Wait time at a stop sign?
PostPosted: Fri Apr 27, 2012 8:12 am 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
You could argue the fact that if the officer did not stop you for the alledged stop sign violation, he never would have asked for your insurance slip..... like Radar said, file for disclosure.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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. Where to wait to make a left turn at a intersection.

[ Go to pageGo to page: 1, 2 ]

Omega_Gin

15

10775

Sat Feb 12, 2011 1:08 pm

Radar Identified View the latest post

This topic is locked, you cannot edit posts or make further replies. Disobey Stop Sign...No new stop sign warning posted

safedriver333

7

2734

Wed Apr 01, 2009 12:34 pm

ticketcombat View the latest post

There are no new unread posts for this topic. In car camera video not disclosed-judge adjourns to wait 4it

screwed-by-guys_in-blue

2

1331

Wed Oct 09, 2013 6:43 pm

admin View the latest post

There are no new unread posts for this topic. Disobey Stop sign - sign location suspect - need Ont. spec's

Muskie

14

2642

Wed Aug 12, 2009 10:55 am

Muskie View the latest post

There are no new unread posts for this topic. Fail to obey traffic sign - stop sign - on military base

Scoobs

9

2293

Thu Jun 02, 2011 10:12 pm

Scoobs View the latest post

There are no new unread posts for this topic. Disobey Stop Sign/Fail to Stop-Back to Court on Same Ticket?

screwed-by-guys_in-blue

4

8246

Mon Nov 23, 2009 10:12 pm

screwed-by-guys_in-blue 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

2254

Thu Aug 20, 2009 10:39 am

Dolittle 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

4132

Wed Oct 20, 2010 10:08 pm

Radar Identified View the latest post

There are no new unread posts for this topic. HTA 136 (1)(9)Failure to Stop at Stop Sign wrong character

edfun

2

1177

Sun May 15, 2011 10:45 am

edfun 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

3771

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

1183

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

11269

Sun Oct 26, 2008 7:32 am

Proper1 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.