Officer Parked In No Parking Spot, And They Do That

Failing to obey a stop sign - Highway Traffic Act section 136(1).
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edfun
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Officer Parked In No Parking Spot, And They Do That

Unread post by edfun »

I was charged for not stopping completely at a T intersection, the officer was parked in no parking spot that if I was turning left and a car was coming from behind the officer there would not be room for three vehicles. This was in the downtown area, 11.45 p.m. there are high buildings and you need to be close to the to see traffic ,but was still not close enough to fully see vehicles stopping early to the stop bar. Question is can a officer park in a no parking zone to do his job?

Do they not have to see the vehicle or can they just go by the headlights, and say it did not stop completely. I stopped out of sight of the officer, proceeded was going to turn left seen the officer and continue straight not turning[did not have turn signal on, wasn't taking any chances, thought he was doing seatbelt check]

Stanton
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Unread post by Stanton »

Yes, police and all emergency vehicles are exempt from parking regulations.


The officer does not need to see your entire vehicle to determine if you stopped, but should obviously see enough to determine motion. It sounds like by your own admission though you stopped before the stop bar, not at it, which probably means you didn't make a lawful stop.

edfun
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Unread post by edfun »

Mr. Stanton if you are a lawyer I certainly would not hire you. When I say I stopped early to the stop line I mean my front bumper at the stop bar, I drive a van with a short front. This is to say I stopped at the line. Not past the line.


136.(1) Every driver or street car operator approaching a stop sign at an intersection,

(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection

Note that there are two elements to stopping. You must stop in one of three places:

at the line;

before the crosswalk; or

before the intersection.

And you must proceed into the intersection with caution. You must do both things: stop at the appropriate place AND proceed with caution. Failing to do so will result in a charge.

There is no requirement to stop at the stop sign. There is a priority of where you should stop. Sometimes the car in front of you may stop incorrectly in the intersection while you are stopped correctly at the line. The car in front of you proceeds and so do you. You end up with a ticket because you did not demonstrate that you were proceeding with caution.

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Unread post by viper1 »

edfun wrote:I was charged for not stopping completely at a T intersection, the officer was parked in no parking spot that if I was turning left and a car was coming from behind the officer there would not be room for three vehicles. This was in the downtown area, 11.45 p.m. there are high buildings and you need to be close to the to see traffic ,but was still not close enough to fully see vehicles stopping early to the stop bar. Question is can a officer park in a no parking zone to do his job?

Do they not have to see the vehicle or can they just go by the headlights, and say it did not stop completely. I stopped out of sight of the officer, proceeded was going to turn left seen the officer and continue straight not turning[did not have turn signal on, wasn't taking any chances, thought he was doing seatbelt check]


You say you saw him (worried about seat-belt) but he could not see you?


If you know it all why post here?


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Stanton
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Unread post by Stanton »

edfun wrote:Mr. Stanton if you are a lawyer I certainly would not hire you. When I say I stopped early to the stop line I mean my front bumper at the stop bar, I drive a van with a short front. This is to say I stopped at the line. Not past the line.

You gave a poorly worded explanation and I gave you my opinion. If you stopped at the stop line, then you're not "stopping early". Furthermore, as Viper says, I don't understand how you can see the police but they can't see you. Regardless, if you're certain you didn't commit the offence and the officer couldn't have witnessed it, then go to trial because you have a winner.

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Unread post by Radar Identified »

If you stopped AT the line, why did you say you were stopping "early"?

* 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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