A place to discuss any general Highway Traffic Act related items.

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Roms01
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Disobey Stop Sign- Fail To Stop

by: Roms01 on

Need assistance in determining how to proceed with a disobey stop sign - fail to stop ticket. I told the officer that I did stop and he said that I did not make a complete stop. He also said that there is zero tolerance in a school zone. I did make him aware that I know where the schools are as i leave in the area. He also mentioned that the conversation was being recorded

Should I just pay the charge? Was also thinking of going with option 2 which is early resolution - to meet with a prosecutor or choose the trial.


This occurred in Woodbridge and the court would be in Richmond Hill.

Any help would be much appreciated.

jsherk
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by: jsherk on

My opinion is that you should always fight every ticket and never just pay.


Option 2 meeting with the prosecutor will be a waste of time.


Choose option 3 not guilty and request a trial with the officer present. Once you get Notice of Trial, you can then request disclosure (officers notes). Once you get the officers notes, blank out personal/officer info and post them here. Once we read the notes, then we can decide if there is a defense or not.


You can just plead guilty and pay the ticket anytime up to the trial, so you have nothing to lose by getting the officers notes.

+++ This is not legal advice, only my opinion +++
screeech
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by: screeech on

jsherk, on 07 September you said to Harpreet Singh :50 or more over is a SERIOUS offence for insurance purposes (as it is racing/stunt driving). Speeding at 49 over is only a MINOR offence for insurance purposes. I would do early resolution and ask prosecutor if they will drop to Speeding 49 over and then take that". As well, you left out your normal line of plead not guilty, request disclosure, post the notes so we can look for errors...


and on this post you say "My opinion is that you should always fight every ticket and never just pay".


Why the difference in the two?

jsherk
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by: jsherk on

No difference... always fight means do something, and dont just plead guilty and pay. I understand that when something is SERIOUS by insurance purposes that it might be better to take plea down to a MINOR insted of risk fighting it. But you should still always get disclosure before making a final decision.


Is disobey stop sign fail to stop a SERIOUS offence?

+++ This is not legal advice, only my opinion +++
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bobajob
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Posting Awards

by: bobajob on

I think he knows that ;)


I believe he was just being rhetorical


bend wrote:
jsherk wrote:Is disobey stop sign fail to stop a SERIOUS offence?

Stop sign offenses are minor unless the sign is on a school bus.

--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Roms01
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by: Roms01 on

Roms01 wrote:Need assistance in determining how to proceed with a disobey stop sign - fail to stop ticket. I told the officer that I did stop and he said that I did not make a complete stop. He also said that there is zero tolerance in a school zone. I did make him aware that I know where the schools are as i leave in the area. He also mentioned that the conversation was being recorded

Should I just pay the charge? Was also thinking of going with option 2 which is early resolution - to meet with a prosecutor or choose the trial.


This occurred in Woodbridge and the court would be in Richmond Hill.

Any help would be much appreciated.


Hello

I requested the officers notes as request. What I received were the notes including a video.

His notes states that I did not come to a complete stop and that my wheels were in motion. What are my options? Should I proceed to pay the fine or take it to court and hope that he does not show up.

Also I tried uploading the notes but was unsuccessful.


thank you for your advise

ShrekTek
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by: ShrekTek on

The only way you can beat this is if the officer does not show up for the trial (which is very rare).

I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek
Roms01
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by: Roms01 on

ShrekTek wrote:The only way you can beat this is if the officer does not show up for the trial (which is very rare).

Thanks ShrekTek, I do agree with your comments after reviewing the video. I will pay the fine prior to the court appointed date.

Thanks again for your opinion very much appreciated.

screeech
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by: screeech on

Before you do that...perhaps a meeting with the prosecutor would be to your benefit, unlike what another poster stated...

If you ask the prosecutor for a deal of pleading guilty to Disobey Sign Section 182(2) there are only 2 points instead of 3 for the Stop Sign charge...it is a minor saving I know, however, if points are a concern in your world it may be worth it...I have seen many people lose their licences over 1 point...if you don't have any other convictions with points it may not be worth the time and effort...

Roms01
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by: Roms01 on

screeech wrote:Before you do that...perhaps a meeting with the prosecutor would be to your benefit, unlike what another poster stated...

If you ask the prosecutor for a deal of pleading guilty to Disobey Sign Section 182(2) there are only 2 points instead of 3 for the Stop Sign charge...it is a minor saving I know, however, if points are a concern in your world it may be worth it...I have seen many people lose their licences over 1 point...if you don't have any other convictions with points it may not be worth the time and effort...



This is the first time I have been faced with a conviction where points are involved. I will think about your recommendation and decide on the next step.

thanks again for your openion.

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