When faced with a Disobey Stop Sign charge under Highway Traffic Act s.136,1a, it’s essential to recognize the serious implications and the available legal options.
Disobey Stop Sign Penalty:
A stop sign violation entails more than just a fine. The penalties include:
- Three Demerit Points: Impacting your driving record.
- A fine of One Hundred and Ten Dollars ($110.00): Immediate financial penalty.
- Conviction on Your Driving Record for Three Years: Affecting your insurance rates.
- Insurance Increases and Determination of Fault in Accidents: Potential long-term consequences.
Definition of Disobey Stop Sign:
As per the Highway Traffic Act of Ontario section 136,1:
- Drivers must bring their vehicle to a “full and complete stop” at a stop sign.
- A proper stop involves stopping at the marked stop line, crosswalk, or before entering the intersection.
- The driver must yield the right of way to other traffic in or approaching the intersection.
Challenging Stop Sign Tickets:
Challenging a stop sign ticket involves demonstrating a “full and complete” stop, even if momentary. Legal technicalities, viewpoints, and officer perceptions can be contested in court. Key legal strategies include:
- Proving Credible Evidence: Drivers can provide credible evidence in court to challenge the officer’s viewpoint.
- Cross-Examination: Proper cross-examination of the police officer ensures adherence to legal technicalities.
- Disputing Officer’s Observation: Contesting the officer’s observation and ensuring all legal requirements were met can lead to a dismissal.
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