Every driver in Ontario is expected to obey a traffic sign to allow other motorists to proceed with caution at intersections to avoid accidents. Once driver disobeys stop sign he’d be committed an offence under the Highway Traffic Act, section 136.
According to the HTA, every driver is required to full stop his/her vehicle at a certain place:
- at a marked stop line;
- or (if there is no marked stop line) before entering the nearest crosswalk;
- or (if no crosswalk) before entering the intersection.
Here full stop means to stop your vehicle’s wheels moving. The exact stoppage time is not specified.
Penalties For Disobeying Traffic Sign
Actually, disobey stop sign is the most “widespread” ticket in Canada, but nevertheless it has quite serious fines and consequences in case of conviction:
- 3 demerit points;
- $110 fine (unless it’s reduced by court);
- insurance rate increase possibility.
Having a disobey sign ticket on your driver’s licence abstract can be used by your insurance company to increase your insurance premium for up to 3 years. Despite the fact that disobey sign demerit points remain on your licence for a maximum of 2 years, insurance companies can charge you extra money for up to 3 years until it’s not shown on your driver’s licence abstract anymore.
Important: once you’re convicted for disobeying any road signs, it remains on your driving history forever. Thus it may have an impact on getting some governmental jobs, such as police, military etc.
How To Fight a Disobey Sign Ticket
Although it might look like a simple traffic ticket for you, without a clear understanding of peculiarities, it’s very difficult to develop a good defence strategy with a complete charge withdrawn. Thus we recommend the following:
Step 1: Hire a professional lawyer or paralegal who knows how to beat a stop sign ticket in court and has a huge experience in this field.
Step 2: File ticket with the court (it must be filed with the court within 15 days) and get a date with a prosecutor to discuss a possible substitute offence (if you’re sure that police officer has good evidence to prove your failure to stop). Often even if a trial option is selected, a court will send an early meeting with a prosecutor date to first ensure there is a good reason to go to trial and only after a discussion about possible resolution has taken place to save court costs by offering a substitute offence resulting in less or 0 demerit points.
Step 3: Before showing up to trial make sure you have a good defence strategy and prepare for a trial (questions to the police officer, witnesses, etc.). By the way, there is a possibility to increase your chances to fight disobey sign traffic ticket if the police officer will not show up at the court for your trial.
In reality, there is no clear information in HTA about how long the stop should be. A police officer can have a different (with driver) perception of time or view point could be quite questionable. But it’s rather common excuses, which are often heard in the court. Hence, you’d better get a consultation with traffic ticket paralegal, who will prepare you for every possible scenario.
When there is a shortage of detailed blueprints regarding fighting a stop sign ticket properly, generally it’s not a good idea to rely on your friend’s previous experiences. All cases are different and have their own specific. Our professional paralegal can thoroughly review, estimate your current situation and provide the best possible bespoke solution specifically for YOU. We’re not interested in increasing your insurance rates or paying huge fines, we sincerely want to help you to keep your driving record clean and save your time! So, don’t lose your chance and call X-COPS NOW!