Failing to stop at a stop sign

Vatson
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Failing to stop at a stop sign

by: Vatson on
Tue Jan 05, 2010 11:57 pm

I was pulled over today. When the constable came up to the window I proceeded to give him my documents. He took them, said he'll be back in a few minutes and never told me or asked me why I was pulled over. I sat there for 7-10 minutes not really knowing why I was pulled over. It wasn't until he came back with a ticket that I was informed that I was being charged with a traffic violation and a $287.00 fine. Is this legal? I mean sitting there and not being informed to why I am am being detained in my car without being told why?

:?


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by: diehard on
Wed Jan 06, 2010 8:27 am

Whatever the issue is, the very first step is to chose the "Option (3) Plead Not Guilty option".


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Radar Identified
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by: Radar Identified on
Wed Jan 06, 2010 12:40 pm

The officer did write down "disobey stop sign" plus the offence on the ticket, right?
Vatson wrote: I mean sitting there and not being informed to why I am am being detained in my car without being told why?
That's a grey area. Would it get a ticket tossed? No.

I think the only issue may have been a procedural one, I'm not sure if each police service requires its officers to explain, up-front, why you're getting stopped (probably not).
* 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


Vatson
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by: Vatson on
Wed Jan 06, 2010 1:24 pm

That's a grey area. Would it get a ticket tossed? No
Are you sure? This was an RCMP officer and I would think that they are regulated federally.

I know I was told by a lawyer before that RCMP officers have a specific order of operations. If these are not conducted a certain way, it can get thrown out. I am thinking technicality? I may have to get some legal advise on this one. If anyone has more input....It is much appreciated.


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by: hwybear on
Wed Jan 06, 2010 3:50 pm

If this is an Alberta offence as your location states, this is not quite the proper area. Alberta will have its own traffic act, different wordings, different procedures etc.

RCMP are sworn in across Canada and have authority across the country. Any officer in Ontario has authority only for the province, unless fresh pursuit across a border or sworn in another province
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Vatson
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by: Vatson on
Wed Jan 06, 2010 4:08 pm

Yeah I am in Alberta. Unfortunately I was unable to find a Alberta traffic forum. This was the only one I could find. I called a Lawyer and will hopefully hear back soon as to whether or not there is something I can do. I do however appreciate more input on this matter. Thanks.


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by: Radar Identified on
Wed Jan 06, 2010 6:45 pm

If the road/provincial offences regulations in Alberta require an officer to notify you in advance of the fact that you're getting a ticket, you might have a defence. I don't have enough experience with Alberta traffic laws and courts to answer that one. (Initially I'd thought you were an Alberta resident who got tagged in Ontario.)

I can tell you that in most provinces, though, the officer only has to ask you for your documents and that's it - they don't have to say "I stopped you for this reason." I don't know about Alberta specifically though, sorry.
* 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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hwybear
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by: hwybear on
Thu Jan 07, 2010 11:27 am

Radar Identified wrote:(Initially I'd thought you were an Alberta resident who got tagged in Ontario.) .
The give away was the $287 fine :wink:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Radar Identified
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by: Radar Identified on
Thu Jan 07, 2010 7:17 pm

hwybear wrote:The give away was the $287 fine
Yeah that probably should've clued me in...
* 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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by: imb4u2 on
Sun Jan 10, 2010 12:17 pm

** Edited by forum **
try stopping at stop signs & red lites


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by: Radar Identified on
Sun Jan 10, 2010 3:23 pm

Personal attacks are not allowed on this forum board.
* 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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by: imb4u2 on
Mon Jan 11, 2010 6:58 pm

Radar Identified wrote:Personal attacks are not allowed on this forum board.
The sign says STOP What is there about this word that people don't understand? A person who fails to stop at a stop sign is too much of a scofflaw to have a license and any organization who helps him get out of that (or let's say, a DWI) is an organization that should be ruled out of existence. They help people flout the law and encourage the repeat drunk driver to be a repeat drunk driver endangering the people on the road who obey thje laws of the road.
There were 4 people (at least) killed by drunk drivers in Ontario this past week, fortunately at least 3 of the victims were the drunks themselves so the gene pool was improved but not fast enough to make the roads safe for the reast of us.
try stopping at stop signs & red lites


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by: Radar Identified on
Mon Jan 11, 2010 9:27 pm

People understand what "STOP" means. If they do not comply, some angry anonymous post on an internet site is not going to change that, nor will it make our roads any safer. Equating a rolling stop to drunk driving is patently absurd.

Now, did you personally observe the alleged offence that the OP committed? I'm going to take a wild guess that you did not. So tone down the vitriol. Insulting and badgering other people only discredits you and detracts from any point you are trying to make. This forum is not the place for it. This is a place for a civilized and mature discussion. If you are not capable of that, then stay off this board.
* 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


Vatson
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by: Vatson on
Thu Jan 14, 2010 3:42 pm

Of course "STOP" means stop. I did to my recollection stop. The officer was about 500+ metres up the road. When I first noticed him, I couldn't tell if he was moving or not. He wore glasses I do not need glasses. As far as I know, it doesn't matter if you stop for 1/2 second or 10 seconds, a "Stop" is a stop!




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