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Failure to stop. Not me!

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Old 10-18-2006, 10:24 AM
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911 Rod
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Default Failure to stop. Not me!

Got popped this morning for failure to stop on my own f...g street.
Any success in fighting these things? I don't think he had a clear look at the stop sign as he was hiding and I would have tried to stop if I could see him.
I have a clean record and want to keep it that way.
Should I hire an x-copper?
Thanks
Rod
Old 10-18-2006, 11:29 AM
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Christien
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I'd say it depends on whether or not failure to stop is a points deduction and therefore insurance increase. IIRC, it is. I got a ticket for it years and years ago. If it is, I'd say fight it. It costs more short term ($300 or so for x-copper or Pointts) but it may save you in the long run. Then again, I've heard that insurance companies will overlook one offence, esp. something like that, rather than speeding.

I've got 2 speeding tickets on my record, one I paid (19 kmh over) and one I fought (almost 30 over, reduced to 10 over) and my insurance still says "conviction free discount". YMMV.
Old 10-18-2006, 11:38 AM
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jumper5836
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I'd fight it. I would probably explain that I stoped then moved up slowly to see better and then went. The cop must have determined I hadn't stopped fully when he saw me move up slowly.
Old 10-18-2006, 11:55 AM
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911 Rod
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It's 2 points / $110.
It's the conviction on my record that I don't want.
I was about to change insurance companies and now I can't because they will look at it as a conviction were you get one free conviction if a current customer.
I actually was turning left at the stop sign at about 50 kmh. So guilty big time.
He was pulling over as many cars as he could write tickets for as the stop sign is new and it used to be a corner until some old fart had "connections".
Old 10-18-2006, 12:09 PM
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MY86Carrera
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Rod,

The first thing I would advise you is that in traffic court they ask you to "swear" or "affirm" to tell the truth, and by your own admission "I would have tried to stop if I could see him." to me that sounds like you didn't stop, correct.

So you should have stopped if the cop was there or not,

Section 136 of the HTA states....

Sec 136(1) Stop at a through highway-Every driver or streetcar operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or streetcar at a marked line or, if none , then immediately before entering the nearest croswalk or, if none, then immediately before entering the intersection;
and
(b) shall yeild the right of way to traffic in the interscetion or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yeilded th right of way, may proceed.

As well there are two seperate charges for section 136(1)(a)

- disobey stop sign - stop wrong place
or
- disobey stop sign - fail to stop

Section 136(1)(b) is fail to yeild.....

"highway" - includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge , viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicle and includes the area between the lateral property ,ines thereof;

The fine is $110 and 3 demerit points.....unless it is a community safety zone then the fine is $180

Brad
Old 10-18-2006, 12:48 PM
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911 Rod
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Okay, so we have Police Officer's patrolling our site.
How can you be an addict with 5 posts?
My question was how to beat it.
I guess i should give you more details as you seem to really want to help.
I did stop, but he couldn't see me as he had pulled down the road enough so I couldn't see him. I would have stopped a second time, but couldn't.
I accelerated hard at the stop sign and he "assumed" I did not stop because of this.
Thanks in advance for your help.
Rod
Old 10-18-2006, 12:52 PM
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jumper5836
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Originally Posted by 911 Rod
turning left at the stop sign at about 50 kmh
Forget my initial post, I assumed you just rolled through slowly. Damn, I'd probably just plead guilty with an explanation explaining that the stop sign is new, yada yada. If your lucky they may reduce it.
Old 10-18-2006, 01:06 PM
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911 Rod
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Ha ha. Panic time.
This is what he saw because I sped up so quickly.
Old 10-18-2006, 01:30 PM
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Fight it - but expect to lose a little.

I will be in court tomorrow with my evidence since in my case I stopped, then rolled, but behind a berm that blocked the car at the angle he was at - hence he mistakenly thought I never cam to a complete stop. I have arial and ground photots to illustrate this.

Well see but I am not getting a ticket for something I did not do.

If you blew through, pay it and stop doing it.
Old 10-18-2006, 05:22 PM
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CDN_Wolf_eh
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Originally Posted by 911 Rod
Okay, so we have Police Officer's patrolling our site.
How can you be an addict with 5 posts?
My question was how to beat it.
I guess i should give you more details as you seem to really want to help.
I did stop, but he couldn't see me as he had pulled down the road enough so I couldn't see him. I would have stopped a second time, but couldn't.
I accelerated hard at the stop sign and he "assumed" I did not stop because of this.
Thanks in advance for your help.
Rod
Have you looked at where the officer was parked?

See if you can actually see the sign ... if not ... pull out the ol' digital camera and start taking pictures of the scene ... position your car where you actually stopped, and take pictures from the officer's perspective ... maybe do some video clips from their perspective of other vehicals going through that area ... just a thought, or two.

Mark
Old 10-21-2006, 02:27 PM
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don't spend the money on xcopper. ask for a 'first appearance' with the crown. when you get your sit down explain that it's your first offence, lapse in judgement, blah, blah, blah...they will knock it down just to keep it from going to court.

If you don't get what you want you can still fight it in court.

BGregovski would seem to know better than I would but I think that they could reduce it to 'fail to obey traffic sign' or something like that which is a municipal code violation and not a points tickets.

M
Old 10-21-2006, 03:34 PM
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The DareDevil
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Move to somewhere in Quebec. We never stop. Ever.
Old 10-21-2006, 04:20 PM
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Yes, in Quebec stop signs are merely suggestions.
Old 10-21-2006, 04:35 PM
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Rod A conviction is a conviction is a conviction. If youa re convicted it will be the same as my 179.00 4 point speeding ticket. If you are going to change insurnace companies do it now. Plead not guilty, you will get a court apperance 6 months from now or so. The conviction is not entered until you are found guilty. I had a situation like this had 3 tickets and got a fourth , no insurance company would touch me with three. plead not guilty, one came off whie waiting for court date, got insurance and then got convicted, all are off my lisence now... phew.. It is a big tax grab that is all.
Old 10-22-2006, 05:00 PM
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911 Rod
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It just really pissed me off.
All of the crap I pull and I get nabbed on my own street!
I think I'll fight it just so there will not be a what if .....


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