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Ontario Highway Traffic Act

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Fight it or plead it : Failing to yield 136(2)
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PostPosted: Thu Feb 25, 2010 4:27 pm 
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Joined: Thu Feb 25, 2010 3:50 pm
Posts: 1
Firstly, thank you for this helpful forum as it has gotten me this far in my process to "engage" the legal system for a ticket received for Failing to Yield.

It was a few months ago now. When driving northbound on a residential road, I pulled up to a stop sign to turn right. I noticed a SUV to the left which appears to be rolling to a stop. Judging that I had the right of way, I proceeded. A police officer was stationed to the right side and pulled me over.

The officer alleged that I had failed to yield to the SUV and that he had right of way. We received the officer's notes from our requested for disclosure. It states the SUV had come to a stop and that my car was travelling "fast" and "dipped" when coming to a full stop. I then proceeded before the SUV, thus violating the law.

My strong impression of the events is that the SUV had not come to a complete stop, therefore I had obtained right of way first. In fact, I counted to 3 before proceeding as I usually do. I don't believe that was driving fast, but looks like the officer wants to paint an ugly picture here.

In the end, the paralegal services hired recommended that we plead for a lower charge as it is unlikely we could win.

Based on your collective wisdom, should I fight it or plead it? Your help is greatly appreciated.

Sincerely,
J


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PostPosted: Fri Feb 26, 2010 10:55 am 
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PAralegal said plead it out? Seriously dont pay for this guy. you can plead it out easily yourself, the prosicution will usualy offer something as a deal.

Ask your paralegal "If I stopped legaly, (ie your innocent) then why would I plead guilty to anything?"


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PostPosted: Fri Feb 26, 2010 1:23 pm 
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Location: Toronto
jeffc wrote:
My strong impression of the events is that the SUV had not come to a complete stop, therefore I had obtained right of way first.


If he reached his stop line first, even if he was still moving, he had right-of-way. If not, then you had right-of-way. If you both reached at the same time, you should have right-of-way (vehicle on the right rule). Did you reach your stop line before he reached his?

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* 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


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