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Disobeying Signs
Every driver in Ontario is obligated to adhere to traffic signs, ensuring the safe passage of other motorists at intersections to prevent accidents. Failing to come to a complete stop at a stop sign constitutes an offense under the Ontario Highway Traffic Act, section 136(1).
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According to the Highway Traffic Act, every driver or streetcar operator approaching a stop sign must come to a full and complete stop at a designated location:
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At a marked stop line.
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If there is no marked stop line, before entering the nearest crosswalk.
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If there is no crosswalk, before entering the intersection.
Here, a full and complete stop entails halting the movement of your vehicle's wheels (note that a "rolling stop" is also grounds for receiving a disobey stop sign ticket). The specific duration of the stop is not specified.
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Failing to stop at a stop sign in Ontario will result in a traffic ticket with its associated consequences.
Penalties for Failure to Stop at a Stop Sign in Ontario
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Disobeying a stop sign ticket is among the most common traffic violations in Canada and incurs fines and penalties upon conviction.
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3 demerit points.
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$110 fine (unless reduced by a court).
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Potential increase in insurance rates.
Although demerit points for disobeying signs remain on your license for a maximum of 2 years from the offense date, insurance companies may consider the violation for up to 3 years until it no longer appears on your driver’s license abstract.
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Note: Once convicted for disobeying stop signs or any other road signs, the offense remains on your driving record indefinitely, potentially impacting eligibility for certain government positions such as police or military roles.
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While penalties may not be as severe as for other offenses, having a disobey sign ticket on your driving record can still be leveraged by your insurance company to raise premiums for up to 3 years.
How to Contest a Disobey Sign Ticket in Ontario
Though it may seem like a straightforward traffic ticket, without a clear understanding of the intricacies involved, mounting a successful defense strategy to have the charge withdrawn can be challenging. Therefore, hiring a professional lawyer or paralegal with expertise in disputing stop sign tickets in Ontario is advisable.
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If you choose not to seek legal representation, here are our recommendations on how to contest a stop sign ticket in Ontario:
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File your disobey stop sign ticket with the court within 15 days.
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Arrange a meeting with a prosecutor to explore possible alternative offenses if you believe the police officer has strong evidence of your failure to stop.
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Often, even if opting for a trial, the court may schedule an early meeting with a prosecutor to assess the need for trial and discuss potential resolutions to reduce demerit points or dismiss the charge altogether.
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Before the trial, ensure you have a robust defense strategy and prepare for questioning the police officer, witnesses, etc.
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Consider the possibility of the police officer not appearing in court for your trial, which could increase your chances of successfully contesting the ticket.
Nuances of Contesting Disobey Stop Sign Charges
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The Highway Traffic Act does not specify the exact duration for which a motor vehicle must stop at a stop sign in Ontario. The requirement is simply to come to a full and complete stop. Consequently, there may be discrepancies in perception between the driver and the police officer regarding the duration of the stop.
This is a common argument often presented in court. Therefore, seeking legal advice from a traffic ticket paralegal who can prepare you for various scenarios and guide you on how to have a stop sign ticket dismissed or reduced is highly recommended.
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