Got the video disclosure, what now? | GTAMotorcycle.com

Got the video disclosure, what now?

dragonrider

dragonrider

Well-known member
Hi guys, I got my 2nd disclosure which is a video for non-stop at stop sign. It looks pretty clear. My question is do I still have a chance to fight/win this ticket besides going to the court and hoping the cop won't show up (He DID last time when I asked for adjournment)? If so, what the typical points can I argue in court with a video evidence for such a ticket (stop sign). My court date is the week after. Any suggestions are welcome. Thank you very much.
 
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cop did not show up the last time and you called for an adjournment ? if he was not there you should have won and case should have been dismissed ?

and what looks clear, that you did not fully stop, if so how do you expect to win ? or is it clear that you did come to a full stop ?
 
GateKeeper said:
cop did not show up the last time and you called for an adjournment ? if he was not there you should have won and case should have been dismissed ?
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+1
You had your chance to beat the charge and you missed it, don't expect him to not show up again.
 
Sorry, me bad. The cop DID show up (typo).
 
GateKeeper said:
OK

and what does the vid show ? you stopping, or you not stopping ?
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It showed didn't stop right before the stop sign in the video. But will the argument about already stopped outside of sight of view will hold? Guess I should just go to court and pray the cop won't show up this time.
 
Take it to court. If he doesn't show you win. If he does, you can use your argument and chance it. If you have the time, you have nothing to loose by trying.
 
You don't necessarily have to stop next to the stop sign; if there is a stop/white line, then you have to stop before it; if there are none, then before the crosswalk; if either of those are not visible, then you have to stop before entering the intersection.

After getting a very lucky warning from Peel Police for doing a rolling stop a few years ago. I've always come to a complete stop with my front bumper behind the white line at each and every stop-sign. The only places I don't stop or treat them as yield signs are in private parking lots where the Highway Traffic Act doesn't apply. Several times, I've blown past stop-signs in parking lots with either police following me or parked nearby.

Naturally if you stop early or behind the white line, you'll be the first person to stop and will have right-of-way exiting the intersection.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK210

Stop at through highway

136. (1) Every driver or street car operator approaching a stop sign at an intersection,

(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and

(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 136 (1).​
 
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Thanks. I will just go and see what happens.


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Did you actually stop?

If so plead your case in front of the judge. If you didn't stop why are you asking for a trial?


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dragonrider said:
It showed didn't stop right before the stop sign in the video. But will the argument about already stopped outside of sight of view will hold? Guess I should just go to court and pray the cop won't show up this time.
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How far away from the stop sign is the camera angle?
If it is like 3' you could try to argue that, if its like 10' or more, why would anyone stop that far back?

Good luck, most of the time you don't get lucky twice in court, you shouldnt have adjourned when he wasn't there.
 
jeffjones said:
How far away from the stop sign is the camera angle?
If it is like 3' you could try to argue that, if its like 10' or more, why would anyone stop that far back?

Good luck, most of the time you don't get lucky twice in court, you shouldnt have adjourned when he wasn't there.
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COP did show up, the original post has been updated.........OP made a typo the first time he posted...
 
b.burton said:
Did you actually stop?

If so plead your case in front of the judge. If you didn't stop why are you asking for a trial?


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Click to expand...

Aren't we supposed to fight every single ticket?:)

Everyone, thanks for the input. I will try my luck in the court.


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dragonrider, did this happen in Toronto? If so, which court? When did you get the ticket and when's your trial? I saw some thread on this site talking about if you had to wait more than 10 months, then you can bring some delay notice.
 
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Happened in Richmond Hill. Have to go to York region court. I already got 2 disclosures. No more excuses:)


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micelli.i said:
dragonrider, did this happen in Toronto? If so, which court? When did you get the ticket and when's your trial? I saw some thread on this site talking about if you had to wait more than 10 months, then you can bring some delay notice.
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He said he already asked for an ajournament. Unless he specifically requested it to be "without prejudice" i.e. for them not having disclosure ready, then he already through out his chances for 11b.
 
Okay, I see. The only reason I asked is because some jurisdictions are more backed up than others, or used to be. I heard rumors that certain jurisdictions (cough cough Toronto) threw out all these past tickets, just so they could catch up with the workload. Which means no more 11b. excuses for Toronto either; but again, these are just rumors or pure speculation.
 
dragonrider said:
It showed didn't stop right before the stop sign in the video. But will the argument about already stopped outside of sight of view will hold?
Click to expand...
jeffjones said:
How far away from the stop sign is the camera angle?
If it is like 3' you could try to argue that, if its like 10' or more, why would anyone stop that far back?
Click to expand...
the actual place to stop, is the white line on the ground, or the edge of a sidewalk/cross walk that's furthest from the centre of the intersection, or the physical corner of the intersection. Whichever is furthest back.
Your suppose to approach the intersection then stop, but i would say if you stopped within a car length of the stop location you'd be ok. Any further, and you should have pulled up then stop.
-think about stopping behind another driver already at the line. He pulls away, and you have to pull up, then stop, then you can go.

i would go back to the intersection, and find the stop location, then add a car length, and see where you are. If that position is "out of frame" you should have a good argument. Courts love numbers. make sure you write them down.
 
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Sorry, I did not get who took the video and from where. Are you talking about a dashcam in the police cruiser?
 
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