Traffic stop in scarborough, ontario I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I got pulled over and was given a $320 ticket for failing to stop at a red light. I have picked up my disclosure and got a copy of the officers notes and a dvd of his dash cam. There was a van who made the turn right before me in the video, not making the "complete" stop the officer emphasized, however i got pulled over. Unfortunately i have always been unlucky when it comes to TPS officers. I did meet with duty counsel who told me to take a lesser charge, as i student i am really tight on my finances, but i was much worried about my current insurance rates and driver abstract and put the offence to trial. I have trial coming up in January 2014... Any advice/help would be greatly appreciated! Thanks, V. Ganesh

Topic

HTA s. 144(18)

by: ved23 on

16 Replies

to_munda
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Re: HTA s. 144(18)

The offence date was february 13, 2013. I met with the prosecutor on april 11, then I asked for a trial which is set for January 22, 2014. Will i still be able to apply for the stay of charges? Hey, Can you share what happened on your date at the court & what was the outcome? Thanks

ved23 wrote:

ynotp wrote:

Just to be clear your car is the one just about to turn right behind a pole and your tires and stop marker being obscured by a snowbank with your brake lights on (just right of centre)? If the video clearly shows you not stopping then the evidence against you will likely lead to a conviction, if it shows you inching along you could insist that you stopped for a split-second and that the frame rate just might have missed it. If you have 11 months from offence date to trial date you might be able to apply for an 11B stay of charges.

The offence date was february 13, 2013. I met with the prosecutor on april 11, then I asked for a trial which is set for January 22, 2014. Will i still be able to apply for the stay of charges?

Hey,

Can you share what happened on your date at the court & what was the outcome?

Thanks

to_munda
Newbie
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Posts: 2
Joined: Sat Jul 06, 2013 1:55 am

Re: HTA s. 144(18)

I was traveling east bound on ellesmere road making a right turn onto markham road to go north. All lights were red and vehicles waiting to make a left turn from markham road south to ellesmere westbound were given the green arrow. Video shows this. I noticed this and kind of just slowed my car and rolled it a little before making the turn. The line cannot be seen in the video. The officer wrote that i slowed down but did not stop at the line. The lesser charge was 136(1)(a) failing to stop at the line Just to clarify: If you are travelling EAST bound on Ellesmere and making a RIGHT turn on Markham road, then technically you would be turning in SOUTH direction (not North as you've stated)

ved23 wrote:

iFly55 wrote:

If the lights at Markham Rd. were all red except for a green left turning indicating arrow, then you yourself can not make a red-light right turn even if you had come to a complete stop. http://goo.gl/maps/zEtzb

Out of curiosity was the lesser charge S.144 (12)?

Does the video show the colours of the lights at the intersection? If so, what where they? does it also show that your rims do not stop? At the time the streetview pictures were taken the white lines appear faded (http://goo.gl/maps/PLiai), can they be seen on the video? what did the officer write in his notes?

I was traveling east bound on ellesmere road making a right turn onto markham road to go north. All lights were red and vehicles waiting to make a left turn from markham road south to ellesmere westbound were given the green arrow. Video shows this. I noticed this and kind of just slowed my car and rolled it a little before making the turn. The line cannot be seen in the video. The officer wrote that i slowed down but did not stop at the line.

The lesser charge was 136(1)(a) failing to stop at the line

Just to clarify:

If you are travelling EAST bound on Ellesmere and making a RIGHT turn on Markham road,

then technically you would be turning in SOUTH direction (not North as you've stated)

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