Question: Failur to stop at stop sign | GTAMotorcycle.com

Question: Failur to stop at stop sign

ashkan

ashkan

Banned
Hey guys,

So last night i was driving around Liberty village and right after i went through a stop sign (after stopping of course), the cop turn on his flasher. Couldnt understand why. Thought maybe a routine DUI check or whatever.

Comes by and say you didnt stop. Now ive broken many traffic laws as most of us have and sometimes been ticketed and sometimes been let go of with a warning by a nice officer.

But this time, i actually didn't do anything wrong for once! I completely stopped and because there was a pedestrian on the other side, i waited more than the 3 seconds they require. I have no doubt about this and to confirm, i had a passenger in my car and i asked her if im delusional or if i actually stopped and she confirmed we fully stopped and for longer than 3 seconds.

Now my questions is, how can i fight this? Is it going to be just his word against mine? Are they required to prove or show some kind of evidence. Because again, this time, i honestly didnt break any laws. Has anyone had an experience with this ticket?

Dont want my insurane to go up for something i didnt do.
 
ashkan said:
Hey guys,

So last night i was driving around Liberty village and right after i went through a stop sign (after stopping of course), the cop turn on his flasher. Couldnt understand why. Thought maybe a routine DUI check or whatever.

Comes by and say you didnt stop. Now ive broken many traffic laws as most of us have and sometimes been ticketed and sometimes been let go of with a warning by a nice officer.

But this time, i actually didn't do anything wrong for once! I completely stopped and because there was a pedestrian on the other side, i waited more than the 3 seconds they require. I have no doubt about this and to confirm, i had a passenger in my car and i asked her if im delusional or if i actually stopped and she confirmed we fully stopped and for longer than 3 seconds.

Now my questions is, how can i fight this? Is it going to be just his word against mine? Are they required to prove or show some kind of evidence. Because again, this time, i honestly didnt break any laws. Has anyone had an experience with this ticket?

Dont want my insurane to go up for something i didnt do.
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Chances are, there was a camera in the car too. The officer would have told you if that were the case. Take it to court, and ask for disclosure, including the video. From my experience, the success rate for them getting the video to you is horrible. If:
A) The video comes in, and shows you stopped. Not guilty.
B) The video doesn't come in, and you get off on a technicality. Not guilty.

If there was no camera, then you're f*cked.
 
DOHC1 said:
Chances are, there was a camera in the car too. The officer would have told you if that were the case. Take it to court, and ask for disclosure, including the video. From my experience, the success rate for them getting the video to you is horrible. If:
A) The video comes in, and shows you stopped. Not guilty.
B) The video doesn't come in, and you get off on a technicality. Not guilty.

If there was no camera, then you're f*cked.
Click to expand...

Thanks for the tip man!
He didn't mention if there was a camera or not but it was a fairly new undercover car so hoping it had a cam.
Going to court get a court date tomorrow.

No can i ask for the disclousure at the same time tomorrow or do i have to wait.

Also is there a specific form i need to fill for the video file or is it all included?
 
ashkan said:
Hey guys,

So last night i was driving around Liberty village and right after i went through a stop sign (after stopping of course), the cop turn on his flasher. Couldnt understand why. Thought maybe a routine DUI check or whatever.

Comes by and say you didnt stop. Now ive broken many traffic laws as most of us have and sometimes been ticketed and sometimes been let go of with a warning by a nice officer.

But this time, i actually didn't do anything wrong for once! I completely stopped and because there was a pedestrian on the other side, i waited more than the 3 seconds they require. I have no doubt about this and to confirm, i had a passenger in my car and i asked her if im delusional or if i actually stopped and she confirmed we fully stopped and for longer than 3 seconds.

Now my questions is, how can i fight this? Is it going to be just his word against mine? Are they required to prove or show some kind of evidence. Because again, this time, i honestly didnt break any laws. Has anyone had an experience with this ticket?

Dont want my insurane to go up for something i didnt do.
Click to expand...

Could there have been a previous stop sign that you weren't as diligent at?
 
One more recommendation: Install a dash cam in your car. I am installing one in my car this weekend.
 
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might not be relevant, but if you stopped behind the stop block/bar and then proceeded through the intersection as you stated, depending on where the officer and his car was located he may not have been able to see your stop and as you pulled away it would appear as if you drove right through. I can see hedges and other things in the day lighting windows that may have blocked the officer view, if he wasn't driving up behind you. A simple picture if this is the case of his position and your car behind the line may help your case. If you are stopped behind the line and not visible there would be a shadow of doubt that you made the stop and then proceeded.
 
Bradsma said:
might not be relevant, but if you stopped behind the stop block/bar and then proceeded through the intersection as you stated, depending on where the officer and his car was located he may not have been able to see your stop and as you pulled away it would appear as if you drove right through. I can see hedges and other things in the day lighting windows that may have blocked the officer view, if he wasn't driving up behind you. A simple picture if this is the case of his position and your car behind the line may help your case. If you are stopped behind the line and not visible there would be a shadow of doubt that you made the stop and then proceeded.
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This happened around midnight and that street is fairly dark so that could very well be the case since i made a very clear stop (not rolling but a full stop). I figured he just needs to fill a quota and is just giving out tickets knowing its hard to fight.

But im going to request a video disclosure if he had one and hopefully that will show if he had a clear unobstructed view or not/
 
What is the actual charge on the ticket? There are actually two different HTA sections. One is for Fail to stop - stop sign. Second is fail to stop, stop wrong place. That is why they are touchy about the stop line when you do your driving road test.
 
hedo2002 said:
What is the actual charge on the ticket? There are actually two different HTA sections. One is for Fail to stop - stop sign. Second is fail to stop, stop wrong place. That is why they are touchy about the stop line when you do your driving road test.
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Disobey Stop Sign - Failure To Stop

HTA sec 136(1)(a)
 
ashkan said:
Disobey Stop Sign - Failure To Stop

HTA sec 136(1)(a)
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Which goes back to, WHERE did you stop?

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
 
griff2 said:
Which goes back to, WHERE did you stop?

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
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Thats true. you can see in the google map link up there that the line is right by the stop sign itself so i cant imagine having passed it. I always stop before and im sure i did last night too.

Im hoping there is a video. My worry is that either there is no video or that they wont give it to me.
 
Go to court last time I was there there was someone fighting the same charge . make sure you passenger comes as a witness and it will be dismissed. In the case I saw the jp asked the driver if he stopped then asked the passenger in the car when he confirmed the driver stopped the jp dismissed the charge.

Sent from a device using a program
 
Scuba Steve said:
Go to court last time I was there there was someone fighting the same charge . make sure you passenger comes as a witness and it will be dismissed. In the case I saw the jp asked the driver if he stopped then asked the passenger in the car when he confirmed the driver stopped the jp dismissed the charge.

Sent from a device using a program
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Thanks dude!

Guess i gotta stay nice to this one for the next 6 months. Or maybe ill just pay the ticket lol
 
Not sure how a dash-cam will help you. What's all the rules/regs surrounding disclosing your dash-cam video as evidence? Obviously joe-blo's dash-cam won't be as stringently guarded as a police car's. So for evidentiary-sake, does that not make dash-cam footage pretty well null and void as viable evidence?

LOL - I wonder how fast people would stop filming the cops with their cellphones if every cop just seized on the spot every single person's cell phone. Alas. That's not customer-centric.
 
Bagman said:
Not sure how a dash-cam will help you. What's all the rules/regs surrounding disclosing your dash-cam video as evidence? Obviously joe-blo's dash-cam won't be as stringently guarded as a police car's. So for evidentiary-sake, does that not make dash-cam footage pretty well null and void as viable evidence?

LOL - I wonder how fast people would stop filming the cops with their cellphones if every cop just seized on the spot every single person's cell phone. Alas. That's not customer-centric.
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Wut??????


Sent from my iPhone using Tapatalk
 
Bagman said:
Not sure how a dash-cam will help you.
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You show a timestampted video of you stopping at the stopsign and the audio and video will pick up the sound and reflection of the cherries lighting up to prove it wasn't staged.
 
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