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jibbler
May 15th, 2008, 02:40 PM
Got a ticket for a fail to stop at a stop sign in a residential area......did stop 2-3 feet prior to white line (doesn't say anywhere in HTA about how far back you can stop & I could fully view the 3 way intersection ) and the cop was hiding on a side street beside bushes & trees so his view was obstructed so I'm going to trial tomorrow in Cambridge ON. I know it's very hard to win these so if I see the cop present at trial, I may decide to take the lesser charge of fail to yield which carries 2 points vs 3 point stop sign violation but based on my below defense is it worth fighting.......??

My defense:
-obstructed view-cop not in position to see white line and my complete stop prior to white line
-there was 2 cops in the car so if only 1 shows up can I ask for dismal to due the absent cop (since I can't cross examine him or could this back fire?) his notes had no reference to the other cop present so it's my word against which is never good
-his notes had dry weather but it was a rainy day and I have proof from Environment Canada's website for that exact time of day
-photos of where he was positioned in relation to the stop sign with obstructed view

Thanks for any feed back out there!

pupazzo
May 15th, 2008, 03:23 PM
You're screwed lol

weales
May 15th, 2008, 03:33 PM
You're screwed lol

Seriously, stop posting.

@OP: If you honestly came to a complete stop, meaning your tires came to a complete stand still then of course fight it.

As far as your defense, it may work. Two relatives of mine got the same tickets, one from the 80's and one from the mid 90's. They submitted evidence like you and one of them won while the other didn't.

All in all, it's better to have something than nothing. Hope justice is on your side IF you did indeed come to a complete stop, best of luck :-0

Nikita
May 15th, 2008, 04:43 PM
Seriously, stop posting.

@OP: If you honestly came to a complete stop, meaning your tires came to a complete stand still then of course fight it.

As far as your defense, it may work. Two relatives of mine got the same tickets, one from the 80's and one from the mid 90's. They submitted evidence like you and one of them won while the other didn't.

All in all, it's better to have something than nothing. Hope justice is on your side IF you did indeed come to a complete stop, best of luck :-0

Sounds to me like you have a viable defense, except for the part about the cop's partner not being there. He doesn't have to be there, he's pretty well irrelevant. But with the evidence you've got, I'd fight it.

Just my 2 cents.