Disobeying a stop sign is a common traffic violation in Ontario, but not everyone knows there are options for receiving a lesser charge. Let’s explore them together!
Disobey Stop Sign Lesser Charges: What are Your Options?
When charged with stop sign ticket in Ontario, the offence can often be reduced to one of two lesser charges. Understanding these alternatives can help mitigate the consequences, such as demerit points and insurance impacts.
So, disobey stop sign charge can be reduced to:
- Improper stop charge (section 144(5) of the HTA)
- Disobey sign ticket (section 182(2) of the HTA)
Improper Stop Charge (section 144(5) of the HTA)
According to section 144(5) of the Highway Traffic Act (HTA), an improper stop occurs when a driver does not stop at the required location. This can include:
- failing to stop at the marked stop line,
- before entering the crosswalk on the near side of the intersection,
- or at the nearest point at the edge of the intersecting roadway where the driver has a clear view of approaching traffic.
Essentially, it means the driver did stop, but not exactly where they were supposed to.
Penalties for Improper Stop Charge in Ontario:
- Demerit points: 0 (instead of the 3 points typically assigned for disobeying a stop sign);
- Fine: $85 (it can vary, but it is generally lower than the fine for disobeying a stop sign – $110);
- Offence classification: Minor offence, which means it is considered less severe in terms of insurance impacts and driving record consequences.
Advantages: By reducing the disobey stop sign charge to an improper stop, the driver avoids accumulating demerit points, which can help maintain a cleaner driving record and potentially result in lower insurance rates compared to a stop sign violation.
Disobey Sign Ticket Ontario (section 182(2) of the HTA)
Section 182(2) of the HTA deals with instances where a driver disobeys a traffic sign. This can include:
- turning into a street where they are not permitted or during prohibited hours,
- or ignoring other regulatory signs.
It’s a broader category that encompasses various infractions related to ignoring posted traffic control signs.
Penalties for Disobey Sign Ticket in Ontario:
- Demerit points: 2 (instead of the 3 points for disobeying a stop sign)
- Fine: $110
- Offence classification: While still significant, it is considered a lesser offence than a direct stop sign violation, potentially resulting in less severe insurance repercussions.
Advantages: Opting for a disobey sign charge reduces the demerit points from 3 to 2, which can benefit the driver’s record and may lessen the impact on insurance premiums. It provides a more favourable outcome compared to the original charge of disobeying a stop sign.
Factors Influencing Lesser Charges for Disobey Stop Sign Tickets
But it’s worth mentioning that reducing a disobey stop sign charge in Ontario to a lesser offence can depend on several factors:
- First-time offence: Courts are more lenient with first-time offenders.
- Mitigating circumstances: Poor visibility, unclear signage, or adverse weather conditions can be argued in court.
- Cooperation with law enforcement: Respectful and cooperative behaviour during the traffic stop can positively impact the outcome.
- Clean driving record: A history of safe driving suggests the violation was an anomaly.
- Legal representation: Experienced traffic lawyers can negotiate for lesser charges and present evidence effectively.
- Presentation of evidence: Dashcam footage, witness statements, or photographs showing obscured stop signs can strengthen your case.
- Court discretion: The judge’s perspective and case specifics will influence the final decision.
Lesser charges like improper stop and disobey sign come with reduced penalties and fewer demerit points, which can help keep your driving record cleaner and minimize insurance impacts. However, dealing with the legal system and effectively fighting your charge can be challenging without professional assistance.
Getting help from a knowledgeable traffic lawyer is crucial to increase your chances of having your charge reduced or even withdrawn.
X-COPS specializes in traffic law and has the experience and expertise to guide you through the process. Don’t face this challenge alone – contact X-COPS today and let us help you protect your driving record and your future.