FAILING TO STOP FOR A STOP SIGN A common misconception here is a driver is required to stop at the stop sign. This is not the case.
S. 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
So, it does not matter where the actual sign is located in relation to any markings on the roadway, it is the markings, that is, the stop line or crosswalk lines that determine where you are required to stop. The sign may well be adjacent to one or other of the markings.
The section goes further;
(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.
This section goes even further under 136(2)
Every driver or street car operator approaching, on another highway, an intersection referred to in subsection (1), shall yield the right of way to every driver or operator who has complied with the requirements of subsection (1).
This section is a little known one and means that traffic that is on the through highway has to yield to a vehicle that has complied with the requirements of the stop sign controls. There is no absolute right of way.
FAILING TO STOP AT A PEDESTRIAN CROSSING
The standard fine for these tickets is $150.
There are two different charges involving drivers and pedestrians. One concerns a pedestrian crossover and the other is a pedestrian crosswalk. They each have totally different regulations that define them and what the prosecution must prove. It is important to let your legal representative investigate to determine what you were issued a ticket for and to ascertain if the circumstances match the charge. A successful defence could depend on it.
Why fight the charge?
It doesn’t take much for demerit points to mount up and before very long; your licence is under suspension. Protect your licence and your insurance premiums. Speak to a licensed paralegal at POINTTS before deciding on a course of action you may regret later.
Why POINTTS?
POINTTS’ team of Licensed Paralegals comprised of former police officers and college graduates have been trained to the highest standards and continue to have their skills and knowledge upgraded by their in-house trainer who’s responsible for ensuring all POINTTS paralegals comply with the Law Society of Upper Canada’s continuing professional development requirement.
Why a Licensed Paralegal?
Every charge must be proven beyond a reasonable doubt by the prosecution. POINTTS Licensed Paralegals have the knowledge, skill and experience to know if that burden has been met. A person trying to represent themselves is not likely to know what has to be proven, let alone whether proven beyond a reasonable doubt. We will look at the disclosure, research the relevant case law to be used in your favor and be able to recognize technicalities that would be fatal to the prosecution’s case against you. POINTTS paralegals know how to cross-examine witnesses. When questioning police officers, we know what the answers to technical questions should be so we know if the answer given is the right one, whereas most self-represented defendants would not.
The registered owner of the vehicle may be served with a traffic ticket for this offence as a result of the school bus driver taking down the offending vehicle’s licence number and making a complaint to the police.
Recent increases now have fines ranging from $400 to $2,000 with six demerit points if the driver is convicted. A second or subsequent conviction within 5 years of a previous conviction means the fine ranges from $1,000 to $4,000 or to imprisonment for up to six months, or to both.
It is not widely known that there are offences under this section that can be committed by school bus drivers.
They are not supposed to put the overhead flashing lights on until the bus is “about to stop”.
They must not activate the overhead red flashing lights or actuate the stop arm if they stop to discharge or receive children or adults with developmental disabilities if within 60 metres of a traffic signal controlled intersection.
It is the overhead red signal lights that must be obeyed by other drivers, not the stop arm.
FAILING TO STOP WHEN SIGNALLED/REQUESTED BY A POLICE OFFICER
“A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signaled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.”
This offence carries 7 points, the highest number of demerit points under the Highway Traffic Act.
The penalties on a first conviction can range from $1,000 to $10,000, up to six months in jail or to both.
The crucial issue here is that the officer must be readily identifiable. An unmarked police car with officers in “old clothes” such as jeans and a hoodie, hardly falls into this category. Even when they wave a badge at you, if it’s on an unlit street and it’s pouring with rain it would still be difficult for them to satisfy a court that they were readily identifiable.
A fully marked police car with roof lights activated on a mid-summer’s day, however, is another matter altogether.
FAILING TO OBEY DIRECTIONS OF A POLICE OFFICER
This is not the same as not stopping for a police officer.
This is where the police are directing traffic:
a) To ensure orderly movement of traffic;
b) To prevent injury or damage to persons, property c) To permit proper action in an emergency.
The standard fine for this is $85 and a conviction carries three demerit points.
A recent decision has found that this charge even applies to a situation where an officer is using radar at the side of the road and indicates to a driver for him to pull over and stop by the officer’s location.
There are many different signs listed in the regulations under the Highway Traffic Act. Any contravention of a sign carries two demerit points and has a set fine of $85.
There not being much in the way of an outright defence to these charges as the courts have ruled that if there is a sign, it’s there to be seen. Contact us anyway if you get such a ticket. There may still be something we can help you with.
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