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.
Anyone can make up an excuse. Whether it is accepted or not is up to the officer.
It is never wise to lie to or mislead a police officer. If you never tell a mistruth, you never have to remember what you said.
By the same token, a lot of offences are classified as absolute liability, so an excuse is not a defence to the charge and therefore meaningless.
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