This is the officers view of the stop sign i "disobeyed"
Another possible viewpoint, just so i can say that he cant see regardless
As you can see he cannot see the line where i must stop
As close are possible (which he wasnt) to the intersection, the officer still cannot see because of glare. (I took this the very next day, exact same time)
This is the actual intersection, the officer is hidden in the side road. Notice the crosswalk and the stop sign line, and how they could easily be confused from the officers viewpoint
So what are my chances of winning this case?
Which direction is your vehicle travelling? (across the picture right to left) or with the picture.
Just from that I can easily identified the post (i believe is for the stop sign for the right to left traffic), obviously never been at that spot. If I was there I would indicate in notes where the stop line is in relation to that post. If directly beside, very clear to see when a vehicle stops or not.
At what time did the officer check to make sure the sign was there?
Did they check to see if it was still there at the time of the ticket?
Sounds like they can prove the pole was there.(no offense)
hwybear lead you to the answer.
DA gets to rebut it.
Is it in your discloser?(if not not sure what they can do)
use at your own risk"
The officer is likely to testify that he had unobstructed clear view of the intersection, including its stop line and the sign itself. Thats it.
I would suggest to concentrate on your own defence rather then attempting to demonstrate to court what officer "must have seen" on the day in question. Prove by inference in this case may not be your best bet.
Other than that, you could look at plea-bargaining to a lesser charge. There might be some minor technicalities that you could get this quashed on, but I'm not really sure any of those are available (fatal error on ticket, improper disclosure, unreasonable delay of trial, etc).
But... I agree with Traffic Law. Can you prove the EXACT position of the officer and his visibility? Probably not with any certainty. Remember, the officer only has to testify that he had an unobstructed view. If he can't recall his exact position, that's still not sufficient to introduce reasonable doubt.
http://www.OntarioTicket.com OR http://www.OHTA.ca