Advice requested on a fail to stop 216(1) charge

I myself have not had a traffic ticket since 1975, but when friends or relatives get one, they come to me for assistance defending them in court. I have had some successes in this regard.

Recently, a relative told me about his charges. He was speeding (128) 84 in a 60, and failed to stop. He was in the curb lane when hit by laser, and the officer stepped out onto the roadway to effect a traffic stop. There was a vehicle in the other lane which did stop, and he did not believe that the officer had intended to stop both vehicles. He slowed down, looked in his rear view mirror, did not see the officer gesticulating, and continued on. (Disclosure documents indicate that the officer intends to testify that he 'accelerated quickly'.)

The officer did not give pursuit, but remained on the scene for ten minutes, then proceeded to his registered address. The officer caught up with him near his home, and asked him why he did not stop. He had no answer. He has made his first appearance, and has a trial date in January. He has asked me to help him in his defense.

I contacted the Crown's office with a request for a first attendance meeting, but this was denied. I will have an opportunity to speak with the Crown on the day of the trial. That seems rather late to try to obtain a plea bargain. I had hoped to explain the situation to the Crown, with an eye towards pleading to the speeding, and having the fail to stop withdrawn.

The accused has been driving for 33 years, and has never had a traffic ticket, nor has he ever been adjudged at-fault for a collision. He was confronted with a situation completely outside the realm of his experience. He has been unemployed for three years, and will be hard pressed to pay the fine if convicted on both counts.

I have read the post under "Failing to stop when requested by a police officer" started by Racer, and understand that this is an absolute liability offense. I contacted a paralegal about the unconstitutionality of 216(1), but was told that the argument would not succeed because prosecutors rarely ask for a term of imprisonment.

Any advice would be appreciated. Thanks in advance.

Nomad

Just out of curiosity... your relative was in the curb lane... was the officer in the median when he came out? Or was he at the side of the road?

Usually the best thing to do is stop and see if the officer waves you on, but based on the fact that the other driver stopped, the officer wasn't gesturing, etc., there's a possibility he may be able to testify that he did not believe that he was being stopped. I can't guarantee success, though.