Stop sign defence

[Robinto]

Ticketed yesterday. 1st time for anything.
Cop said I didn't stop at a three-way intersection. I thought I had - maybe not three seconds - but a stop. Besides, I thought that the three-second rule is a Drivers Ed concept, but not actually mandated by the Highway Traffic Act.
First thing out of his mouth is, "You know we have cameras in our cars, don't you?"
Well, I'd like to see this tape.
Can I request this? Or is a guilty plea the way to go and hope for a reduction?

 

[JohnHenry]

Was there a white line, was there a sidewalk, did you stop at the intersection, or the stop sign?

 

[Perry Mason]

Ask to see the tape... what is required is a complete stop -- but not just for a fraction of a second.

If the tape does not back you up, plead guilty and offer some "genuine" explanation...

Perry

 

[wigglee]

i see people rolling through stop signs all the time in my neigbourhood and i think they deserve a ticket even though it is a quiet street, but to ticket someone who stopped but not for long enough is ridiculous.....the cop is out there trying to pad his ticket book.

 

[oldjones]

In any court proceeding, the prosecution—that's them—must disclose its evidence to the defence—in timely manner before the trial. Since you had to ask this basic question, you should not try to fight this yourself unless you're in it for the learning and prepared to lose.

 

[islandman4567]

In any court proceeding, the prosecution—that's them—must disclose its evidence to the defence—in timely manner before the trial. Since you had to ask this basic question, you should not try to fight this yourself unless you're in it for the learning and prepared to lose.

so , how does he go about requesting the evidence?

 

[islandman4567]

Read the link

oops, my bad , missed that.

 

[hamermill]

Ask yourself this question - if you were in front of your car when it came to a "stop" would you have been hit?

 

[Boss Nass]

3 seconds is an urban legend, the HTA doesn't specify any length of time, just that you must stop.

 

[oldjones]

3 seconds is an urban legend, the HTA doesn't specify any length of time, just that you must stop.

The prosecution will have to prove you didn't. The court generally accepts the sworn testimony of a cop assigned to observe whether drivers did or didn't stop as sufficient proof. Your amateur, self-interested testimony that you did—unless supported by compelling details such as, "The daycare morning walk took three minutes to pass in front of me, judging by the commercials on the radio"—will not likely be given the same credence. For cyclists the test is putting a foot down; for cars there's no equivalent test for 0kph.

 

[simon482]

basically the cop was bored. you can take the chance and fight it and hope he don't show up to court and you get it reduced and in the course of getting it reduced you lose a days pay standing in line in court and still having to pay a smaller fine, only a smaller fine if the judge is in a good mood and wants to let you go easy and the cop doesn't show. if the cop does show though you lost a days pay and still have the fine at full price.

there is option 2, which is far simpler. pay the fine and move on with your life.

 

[oldjones]

Running through my residential nabe, there are two one-way arterials that funnel traffic to and from the Gardiner Lakeshore. Cops are regularly assigned to enforce the many stop signs and low maximum speeds. They may be bored, but it's useful.

 

[diehard]

Plead not guilty, request disclosure, request interpreter if English isn't your first language, delay as much as you can.

 

[SoftHands813]

If you really and truly believed that you came to a complete stop, then request the video evidence via disclosure (as noted above) and review it.

If "on film" it appears that you came to a complete stop, pursue recourse. If not (or in your heart you know you rolled the stop), do the right thing and take responsibility for your actions and pay the fine.

 

[Thunderballs]

Plead insanity. When you go to court wear a school girl outfit and speak in tongues. Geez, this isn't rocket science!

 

[nowhereman73]

Traffic Tickets - The ULTIMATE Resource and Definitive Guide

This is an absolutely incredible website on how to fight a Traffic Ticket in Ontario!

It has EVERYTHING from the basics of points, fines, right down to a step by step guide on fighting your ticket yourself.

http://www.ticketcombat.com/


In your case, you should make a request to the prosecutor for "Disclosure" http://www.ticketcombat.com/step4/disclosurehow.php

This is VERY good advice. Please follow the instructions in the site step by step. At the end, you will probably plead guilty to a municipal offense, pay some $60 fine and it will not go on the insurance which of course is the key.

 

[smart_alek]

It will be counted against insurance, just not the first ticket. Insurance doesn't care if you have points or not, it just cares how many moving violations you have. After 2, they will start raising your rates.