Fail to obey stop sign sec. 136(1)(a) Continue
Dondon007
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Fail to obey stop sign sec. 136(1)(a) Continue

Unread post by Dondon007 »

Ok, my trial date is after this weekend, very nervous...I still haven't recieved my video disclosure that I have requested but only 2 page of disclosure including a copy of my ticket and a brief hand written note written by the officer. Now, my final review of my case for trial, I have a few question that I need help with, any help would be greatly appreciated.
I'm posting a recap of what happened;
In summer of 2007, I was traveling west bound on lakeshore blvd W. Approaching a stop sign to make a right turn, I stopped (there was a 5 ton truck infront of me making a right turn). I continued to turn right and then I was stopped by the police officer, he gave me a ticket for not completely stopping at the sign. It appears to the officer that I just turned right along with the truck. I explained to the officer that I did stop before making the right turn. I recieved a ticket for the offence of disobey stop sign HTA section 136(1)(a).
Now, the question is,
1) In his disclosure statement what I can read out (his hand writing is a little hard to read) that he stopped a 5 ton truck in front that already made a turn, as approached through intersection and stop lines. my vehicle did not stop going at 5-8km/h...
--> my question is, is he saying just because he caught the truck infront of me not stopping that he presumably thought I did not stop? I stopped, but perhaps he thought I didn't stop because I didn't stop at the appropriate place??
2) the video evidence he said he had was not included in the disclosure.
--> can I base my case dismissal on that?
By the way, this is the 3rd trial date set up now, I'm kinda tired of going to court and keep on setting a new date.
The first time the date was adjourn was because X-copper went bankruptcy and I had no represenative, 2nd date was because I found this forum too late to know I had right to disclosure, so another date to set the trial was given, now, in 2009, I got a date, which is next week...can I ask for dismissal if they have to adjourn the date again, since I doubt that the video disclosure I ask for will make it to me in time, or will they just give it to me on the date of trial and say they gave it to me...what can I do to win??? I've read ticket combats website many times, I'm almost prepared for the trial...just nervous and overwhelm since I'm new at this and not a lawyer...
I know this was long,,,,but any last minute tips would me greatly appreciated. ^_^ Thanks in advance...
Dondon007


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racer
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Unread post by racer »

Do NOT accept anything the prosecutor tries to give you and try to motion to have the case dismissed on the grounds of improper disclosure. If the cop did not see you at the time and just ASSUMED that you were breaking the law, he needs to have the video to prove it. If he couldn't provide the video, then there is no proof.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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