Disobey stop sign - fail to stop, HTA 136(1)(a)

driver
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Disobey stop sign - fail to stop, HTA 136(1)(a)

Unread post by driver » Fri May 20, 2011 9:45 am

Hi,

I've got ticket "Disobey stop sign - fail to stop" (this is the exact wording on the ticket), HTA 136(1)(a). The officer said that he has a recording, which I, unfortunately, didn't ask to see.

Is there a way to dispute charges? What are the chances to have the points dropped? What is the best way to handle it?

I am not sure if the recording was done by the officer, from the vehicle, or there is a camera at the intersection.

Thanks


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Simon Borys
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Re: Disobey stop sign - fail to stop, HTA 136(1)(a)

Unread post by Simon Borys » Fri May 20, 2011 2:48 pm

Impossible to get the points dropped. If you are convicted of the offence the MTO will automatically assess the points against your licence. Neither JP, nor Crown, nor police officer has the authority to alter the points.

Also, even if you had asked to see the recording, the officer would not have had any obligation to show it to you at the roadside. If you want to see it you should request disclosure and see if it's in there. Even if it's not, that doesn't preclude the officer from obtaining a conviction by testifying as to his observations that you failed to stop.

There may be some way to defend it, but of course it depends on what defence might arise on the facts of your particular case.
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Re: Disobey stop sign - fail to stop, HTA 136(1)(a)

Unread post by Stanton » Fri May 20, 2011 4:57 pm

As Simon said, there is no way to avoid the points upon conviction. Some jurisdictions do however have bylaws pertaining to motorists and stop signs. In such jurisdictions the Crown will sometimes allow a plea deal to the bylaw offence instead of the Highway Traffic Act, since it typically carries a lower fine and no demerit points. You'd have to see if that's an option in the area where you committed the offence.


driver
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Re: Disobey stop sign - fail to stop, HTA 136(1)(a)

Unread post by driver » Sat May 21, 2011 9:04 am

When the officer pulled me over and said on what intersection I didn't stop on the sign, I was confused and didn't know where exactly was it. I drive on this road every day to and from my work. It has lots of stop signs and I always stop there. I drive slowly because it's a narrow residential road. On my way to work I stopped at the intersection he mentioned that I didn't stop on the sign. This is the one that I remember approaching and seeing the police car standing on the other side of the road. I STOPPED ON THE STOP SIGN FOR SURE!!!!! I always do, and on that morning, there was no chance I didn't stop seeing the cruiser. This is the thing that drives me crazy! I always stop, and for sure I stopped especially that I so the police car. This is why I was so surprised when he stopped me and said that. I've asked him "what I did wrong"? I was thinking that may be somewhere down this road I missed one of the signs, which is unlikely. But on this intersection, I STOPPED FOR SURE! And now the absurd is that it's his word against my word. This stop sign is near TCC terminal. I am among the fewest drivers on this intersection, that doesn't block the entrance to the terminal. The stop sign is just before that. I was driving very slowly, stopped whenever needed.

On that morning I was driving in my son's car - sport, red car. After this insidence I start questioning may be there is something to saying that red sport cars drive more police attention, very often with no reason.

It's very easy to claim I didn't stop, because he is very much aware that it's hard for the driver to prove. So why not?


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Re: Disobey stop sign - fail to stop, HTA 136(1)(a)

Unread post by Kev » Sun Jan 06, 2013 2:24 pm

I got a ticket and charged with HTA 136(1)(a) based on an eye witness only. It was a rainy day as I was in an accident and my ABS would not let me stop at the stop sign. There were no other vehicles involved, the police showed up after the fact and the officer did not ask me what happened. I have a court date set and wanted to know if this is grounds to dismiss in court?


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