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Stop Sign Violations can have up to four different penalties
Stop Signs, the fine attached to a Stop Sign traffic ticket, like most traffic tickets, the fine is not the only penalty for the offence. Any stop sign ticket has four or more different penalties.
Although many stop sign traffic tickets, are minor and may just involve a "rolling stop", any stop sign conviction will go on your driving record for three years. This conviction is available to your insurance company to see and base your insurance rates upon.
A Stop Sign ticket has three demerit points, if you pay the ticket these go immediately on your driving record and stay on the driving record for two years from the offence date.
With a stop sign ticket your insurance company perceives this as a "line" or conviction on your driving abstract/record. The insurance company bases your rates on what is on the driving record. As well your insurance company may perceive that persons who are convicted of stop sign violations are the same people driving through intersections without stopping and are the persons more likely to be involved in a traffic accident.
If you have been involved in a traffic accident and received a ticket for disobeying a stop sign, paying the ticket acknowledges to the court, government and your insurance company that you admit being at fault in the accident. Subsequently your insurance company gives you two strikes on your insurance. One for being at fault in the accident and another for receiving the stop sign ticket.
Stop Sign Tickets - Going to Court
For most stop sign tickets the prosecutor at traffic court will want to have a trial. If you do not know how to run a stop sign trial, make legal arguments, or have not appeared in traffic court before you may need professional help.
There is no time limitation put on how long the stop must be, only that it must be full and complete.
Like any traffic ticket the Police and Prosecutor have to prove the case to the Justice of the Peace before a conviction can be entered, meaning that the Justice of the Peace must certain the motorist committed the offence.
If the prosecution is not able to prove the charge the Justice of the Peace can dismiss the charge.
The police are required, therefore, to prove all the essential elements of the stop sign charge described in section 136,1a of the Ontario Highway Traffic Act.
Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.
At trial the police officer will have a government appointed prosecutor to assist them as counsel. It is equally important that the defendant to be well represented or they risk being convicted and receiving the four penalties described above for stop sign offences.
The prosecutor is a trained legal professional who represents the interests of the municipality/government. The prosecutor's job is to get a conviction against the motorist for the stop sign offence. Most Prosecutors are extremely fair individuals however they are not there to help you.
To ensure that you are properly represented in traffic court call OTT and get a legal professional on your side.
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