DISOBEY OFFICER DIRECTING TRAFFIC

BartlettM
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DISOBEY OFFICER DIRECTING TRAFFIC

Unread post by BartlettM »

In the city of Stratford, Ontario Canada (Statement).... I was going out Ontario st to Huron st, past the court house and over the Huron st bridge, heading out of town. It is a blind turn that goes over a bridge. I seen flashing lights in the other lane and figured it was an accident. I proceeded around the turn and over the bridge. It was 12:10 am Friday night/Sat morning 30/7/11. I was pulled over by an officer after I drove over the bridge and up Huron st hill.

Officer got out of his vehicle and asked if I routinely drive threw a ride program. I told him I was not aware it was a ride program or I would have stopped. He then asked why I didn't hear an offer say stop. I replied I was on a motorcycle and wearing a helmet. So I didn't hear or see an officer as I made the turn. The only officer I seen was near the bridge standing in the shadows and they made no motion to me. Next he told me to slow down. I replied no problem as I was doing the speed limit and was not speeding anyway. Then the officer asked for my license, ownership and insurance. I provided it and 10 minutes later received a ticket for disobeying officer directing traffic.

There was nothing to tell me it was a ride program and that I needed to stop. It was at a turn in the road and not an intersection. The lane I was traveling in was open and there was nothing preventing me from driving by or suggesting I needed to stop or pull over. No pylons, no officers standing in the middle of the road or blocking of both lanes. No stop signal by way of lights, stop sign or hand sign. The only officer I seen was near the bridge, standing in the shadows and he made no motion to me as a drove over the bridge. If this was a ride program and not a accident that I passed by. Then it was a very dangerous place to have a ride program set up, at night, in a turn in the road. There was nothing different telling me it was something, I needed to stop for. It could have been anything going on, and did not look like the way a ride program is set up.

Any help or opinion on the above would be great. Also a (Question)
What is the proper set up procedure for a ride program at night? An how can you tell the difference between one and any other police business, that may or may not require you to stop.

Thanks


Stanton
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Re: DISOBEY OFFICER DIRECTING TRAFFIC

Unread post by Stanton »

There is no set requirement for a RIDE program and how it should be run. The Courts would expect the police to take reasonable steps to make the themselves visible (i.e. flashing lights, reflective vests, etc.) to motorists. The police would have to show the Court that other motorists were able to see them and stop. If you decide to testify yourself, you would have to demonstrate that you executed due diligence driving through (i.e. slowed down and proceeded with caution). The law doesn't actually require you to stop for a cruiser on the side of the road. The charge entails you didn't follow the direction of an officer presumably using hand signals and vocal commands.


BartlettM
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Re: DISOBEY OFFICER DIRECTING TRAFFIC

Unread post by BartlettM »

Stanton wrote:There is no set requirement for a RIDE program and how it should be run. The Courts would expect the police to take reasonable steps to make the themselves visible (i.e. flashing lights, reflective vests, etc.) to motorists. The police would have to show the Court that other motorists were able to see them and stop. If you decide to testify yourself, you would have to demonstrate that you executed due diligence driving through (i.e. slowed down and proceeded with caution). The law doesn't actually require you to stop for a cruiser on the side of the road. The charge entails you didn't follow the direction of an officer presumably using hand signals and vocal commands.
Thanks for the response...Two questions.... How would I demonstrate that you executed due diligence driving ? I was riding a motorcycle at night and was in a turn in the road. I would always slow down there day or night. Dew to it being a bind sweeping turn then crossing a bridge.

Also how do you follow direction of an officer if they are not visible and can't he heard. The officer that pulled me over said there was 4 officers at the ride program. I only seen one and he was not wearing a reflective vest.

Thanks


Stanton
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Re: DISOBEY OFFICER DIRECTING TRAFFIC

Unread post by Stanton »

You’ll simply have to be as articulate as possible in Court about the conditions, your equipment and how you were driving. The Justice of the Peace will have to weigh your evidence against that of the officer(s) and ultimately make the determination if you were driving with due care and attention and could have been reasonably expected to see the officer and follow his direction. If the officer truly wasn’t visible, then I’d say you have an excellent defence, but you’ll have to convince the Court of this.

I certainly wouldn’t suggest going into to Court and just winging it. Jot down some notes about what points you need to cover off and what you want to say. Simply going into Court and saying “I didn’t see the officer” probably won’t be sufficient. Again, being detailed and articulate is probably in your best interest.




Stanton
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Re: DISOBEY OFFICER DIRECTING TRAFFIC

Unread post by Stanton »

JP's can't do anything over points, they can only offer a reduced fine. The only way to avoid points is to be found not guilty, or try to work out a plea deal with the Crown to a different offence that doesn't carry any points.




Stanton
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Re: DISOBEY OFFICER DIRECTING TRAFFIC

Unread post by Stanton »

Contact your provider as it varies from one provider/plan to the next. They typically classify any offence (regardless of points) as either a minor or major offence. Minor offences result in minimal (if any) increase, while major ones cause your rates to double or more. My only concern is that your offence could be considered a major offence.






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