Failing to obey a stop sign - Highway Traffic Act section 136(1).
sosumi
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"fail To Stop"--needing Some Questions Answered!

by: sosumi on

A few days ago I got my first "fail to stop" ticket in the Richmond Hill area. I'm still trying to figure out what to do as I've only ever had a parking ticket before (had a previous warning for speeding, and another for trying to go on the 407 without a visible license--had a transponder, though, so he knew I wasn't trying to cheat my way onto the road).


I got this ticket within 10 minutes of where I live on a back street and had my daughter and husband with me. When I saw the lights I pulled over but had no idea what the issue was as I knew I wasn't speeding and thought I had stopped where I needed to. My husband and I were chatting back and forth and it's a route I know well so can I say with 100% certainty that my van came to a "full and complete stop"? No. My husband, however, says that I did. I also use Onlia which didn't "ding" me at that corner for a non-stop either.


The ticket is for $110, doesn't say anything about demerits but I understand it's for 3? More importantly, I am getting mixed answers re insurance--I've got a very clean record of 10+ years but also have 2 people who are going to be learning soon so it's up there to know if it will impact my insurance or not.


(May I add that I think it's absurd that this 'minor' of an offence of a rolling stop, if I didn't full-stop is 3 demerits compared to what *else* is 3 demerits, and that there is statute of limitations on these fines *but* a drunk driver murderer's case left long enough will time out? Yeah, I'm kind of mad about that one!)


The officer said at the end that there is also a daycare nearby (it was a Sunday) and noted that this was being recorded....but I don't know if he would have meant our conversation or if he meant my vehicle's movement on camera as well?


Anyway, I'm new to this and I even hate paying library fines but hate the idea of (1) going to court on my own or (2) hiring a person that then costs me more than my ticket, potentially, to "defend" me.


Thoughts?

"Sosumi"

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by: bend on

sosumi wrote: Tue Mar 30, 2021 11:54 amMy husband and I were chatting back and forth and it's a route I know well so can I say with 100% certainty that my van came to a "full and complete stop"? No. My husband, however, says that I did. I also use Onlia which didn't "ding" me at that corner for a non-stop either.

From a legal standpoint, a full stop will mean that the vehicles tires were at a complete standstill and that you did so before reaching any marked lines, if any.


sosumi wrote: Tue Mar 30, 2021 11:54 amMore importantly, I am getting mixed answers re insurance--I've got a very clean record of 10+ years but also have 2 people who are going to be learning soon so it's up there to know if it will impact my insurance or not.

It's up to your provider. Yes, it can be used against you.


Insurance providers divide all offenses into three categories (minor, major, serious.) They do not use or care about demerit points.


This ticket would be considered a minor offense, equivalent to any minor speeding ticket, forgetting to use your signals, etc. Your provider will apply the same surcharge to all offenses that fall under the minor category (e.g. 5%) and use that to calculate your rates. Your surcharge for the first minor offense may be 0%. This is what a lot of people refer to as a "forgiveness" type deal for your first hit. You can call up your provider anonymously and ask them any questions.


sosumi wrote: Tue Mar 30, 2021 11:54 am(May I add that I think it's absurd that this 'minor' of an offence of a rolling stop, if I didn't full-stop is 3 demerits compared to what *else* is 3 demerits, and that there is statute of limitations on these fines *but* a drunk driver murderer's case left long enough will time out? Yeah, I'm kind of mad about that one!)

It's not uncommon for your everyday driver to needlessly stress over demerit points.


For a fully graduated licensed driver, demerit points are practically meaningless. Only the ministry calculates points. They disappear two years from the date you received your ticket, so the clock is already ticking. You will need to accumulate 15+ points in a two year span to receive a mandatory suspension. You managed to rack up 3 in 10 years.


Convictions matter but points are mostly a non factor. Only the worst of the worst drivers have issues with points.


sosumi wrote: Tue Mar 30, 2021 11:54 amThe officer said at the end that there is also a daycare nearby (it was a Sunday) and noted that this was being recorded....but I don't know if he would have meant our conversation or if he meant my vehicle's movement on camera as well?

If you request a trial, you can make a disclosure request. Instructions on how to do this will be made available on the municipality website to the corresponding courthouse. They will provide you with a generic form to fill out. They will provide you with all the evidence, which at the very least, should include the officers notes.

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