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!
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!