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improper stop at a red light

Old 12-03-2007, 09:13 PM
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improper stop at a red light

hey guys i need some help with this improper stop ticket well this happened around April or march and i got the court date set for the 7th of Dec.

anyways what happened was i wasn't speeding and i thought i cud make it through a yellow instead i jammed my brakes and my moms sienna doesnt really have the best brakes in the world. so i slid about 2 ft away from the thick white line and after light turned green, i get pulled. anyways its noted as contrary to HTA 144(5)

i dont think i would need a lawyer for this small case right or can i just make up an excuse, anyways whatever it may be i need a loophole or something that can get me out of this. can anyone help me out on this please
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Old 12-04-2007, 09:32 PM
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any suggestions? anything at all? cmon guys im pulling at all strings...i need anything suggestions are welcome
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Old 12-04-2007, 09:33 PM
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btw is there any ex cops on this site

Last edited by empire123; 12-04-2007 at 09:44 PM. Reason: misspell
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Old 12-05-2007, 08:11 AM
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Ontario HTA, Section 144

Where to stop intersection

(5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,

(a) at the sign or roadway marking indicating where the stop is to be made;
There's not much room for interpretation here. If you take this to trial, it comes down to your word vs. the officer. It's possible that, at trial, the officer or crown attorney will make mistakes surrounding the circumstances, which will call their credibility into question.

But there are no loopholes. Any claim you make about the condition of the vehicles brakes will only show that you were traveling too fast to be able to safely stop the vehicle when required. The crown will be very quick to point that out, if you bring it up.

Did you get disclosure? What's in the officers notes? Does he have all the facts correct?
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Old 12-05-2007, 12:27 PM
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Originally Posted by kazanak View Post
There's not much room for interpretation here. If you take this to trial, it comes down to your word vs. the officer. It's possible that, at trial, the officer or crown attorney will make mistakes surrounding the circumstances, which will call their credibility into question.

But there are no loopholes. Any claim you make about the condition of the vehicles brakes will only show that you were traveling too fast to be able to safely stop the vehicle when required. The crown will be very quick to point that out, if you bring it up.

Did you get disclosure? What's in the officers notes? Does he have all the facts correct?
no sorry i didn't get a disclosure yet. what is that btw? and how do i get it? and what i was thinking is that im gonna blame it on the guy in front of me who sped up and slowed down but made it thru. i dunno if its gonna hold up in court though.
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Old 12-05-2007, 03:31 PM
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Full disclosure is the notes of what the officer wrote down at the time of the incident. They are the notes that the prosecutor will rely on to argue against you. You just have to go to the court and request it for your case. As for your excuse... what??? Assuming you have time go to the court today and request full disclosure they will photo copy it for you, then come back on here and post what the notes say then someone can tell you how to argue your case. I cant really think of any excuse to use cause the HTA rule is pretty clear... you were over the line.
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Old 12-07-2007, 01:53 AM
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if it really happened the way that you said it happened then there is no point in fighting it... if your over the line then in their eyes you made a bad judgement and didnt stop in time... had the same problem a few years back and talked to my buddy who is a driving instructor... cant do much....
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Old 12-07-2007, 03:51 PM
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thanks for the help guys. court was today. cop didnt show. case dismissed
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