ERASING SPEEDING TICKETS ACROSS TORONTO
DISOBEY SIGN TICKETS
What are the penalties associated with a Disobey Sign ticket in Ontario?
- Two demerit points
- A fine of $110.00+
- A conviction on your driving record for three years
- Insurance increases
- Identification of liability in accident incidents
- Possible loss of job if a clean abstract is required
Section 182 of the Highway Traffic Act empowers provincial and municipal governments to install signs and markings on roadways, including stop signs, in order to promote smooth traffic flow and ensure the safety of vehicles and pedestrians. This authority is granted as long as the signs align with the regulations specified in the Act.
For example, Highway Traffic Act 182 (2) Every driver or operator of a vehicle or street car shall obey the instructions or directions indicated on any sign so erected.
What are the types of Disobey Sign Offences in Ontario?
- Highway Traffic Act – 144,9 – Proceed Contrary to Sign at Intersection – carries 2 demerit points and insurance increase
The provisions of this section of the Highway Traffic Act are subject to any sign, as prescribed the regulations, forbidding a left, right turn, through movement of combination thereof that is posted at an intersection and every driver shall obey every such sign.”
- Highway Traffic Act – 182 – Prohibited Turn/Disobey Sign – carries 2 demerit points and insurance increase
“Every driver or operator of a vehicle shall obey the instructions or directions indicated on any sign.”
Municipal By-Law – Disobey Sign – carries 2 demerit points
“Every driver or operator of a vehicle shall obey the instructions or directions indicated on any sign so designated by any city bylaw”
Interesting Facts:
– There is a widespread belief that you must stop at the actual Stop Sign. This is FALSE! The law states that the car must come to a complete stop before the marked white line, or if there are no lines, immediately before the crosswalk or intersection.
– Another misconception is that you must stop the car for a total of 3 seconds. Again, this is FALSE! As long as the car has come to a complete stop, and you have yielded to other cars that stopped before you, it is safe to proceed.
How will we defend you?
A disobey sign charge, even if it is considered a minor offense, can give rise to significant concerns, particularly in situations where the charge stems from an accident involving injuries and potential civil liability issues. Moreover, if the driver already has a history of prior convictions, leading to being on the verge of a license suspension or a substantial increase in insurance rates, additional worry may arise.
While it may be presumed that the prosecutor will easily prove the allegations of failure to obey a sign, there are defensive strategies that can be employed.
During the witness examination phase of a court trial, which typically involves questioning the prosecuting witness, often a police officer who issued the charge, specific inquiries can be made to weaken the strength of the officer’s testimony.
- To determine the distance between the police officer and the location of the alleged observations
- To specify the exact location of the sign in question
- To ascertain if there were any obstacles that hindered the readability of the sign
- To establish the visibility range of the sign allegedly disobeyed from a certain distance
- To identify any nearby signs that could potentially lead to confusion
- To uncover any additional relevant facts based on a thorough examination of the evidence, among other considerations
- Any impediments to seeing/reading the sign
- What other signs are in proximity that may cause confusion for the driver
How will this impact my insurance?
Different insurance companies employ varying criteria to categorize driving offenses, making it arduous to predict the extent to which a charge of this nature would elevate an individual’s insurance rates in Ontario. The inclusion of a disobey sign charge on a driver’s abstract can impact insurance rates. Even if the movement related to the disobey sign ticket did not pose any immediate danger or risk, it can still have repercussions on insurance rates. Insurance companies hold the belief that drivers who have been convicted of traffic offenses are more likely to be involved in accidents and file insurance claims.
Every non-parking fee levied under the Provincial Offences Act is increased by the provincial government’s victim fine surcharge (VFS), which functions as a tax. For most sign infractions, there is a $20 victim fine surcharge. These contributions are put into a dedicated fund for assisting crime victims. If a fee is not paid, all drivers may have their licences suspended. When a driver’s licence is suspended due to an unpaid fine, the suspension is effective until the court receives payment. $281.00 is the reinstatement charge.
What are the penalties associated with a Disobey Stop sign ticket?
G Drivers
- drivers licence interview at 8 points
- licence suspension at 15 demerits
G1 and G2 Drivers
- accumulating 6 demerit points
- any one ticket with 4 or more demerit points
The primary concerns associated with most offenses typically include fines, demerit points, CVOR points, and insurance consequences. Fines consist of two components: the ‘set fine’ and additional charges like court costs and a victim fine surcharge. For a basic offense related to a stop sign violation, the set fine is $85.00, resulting in a total payable fine of $110.00. However, if the offense occurs within a community safety zone, the fine will be higher. Under the Highway Traffic Act (HTA), demerit points for such offenses can range from 0 to 7.
A conviction for a violation under section 136(1)(a) of the Highway Traffic Act (HTA) results in a penalty of three demerit points. As demerit points accumulate, the Ministry of Transportation (MTO) can take actions such as issuing a warning letter, requiring mandatory meetings with an MTO officer, or suspending your license.
In the case of an offense committed using a commercial motor vehicle like a transport truck, a 3-CVOR point penalty may also apply. Demerit point penalties remain in effect for a duration of two years from the date of the original offense, while the offense itself remains visible to third parties, including employers and insurance companies, for a total of three years. The court is typically aware of all previous convictions, although it is generally considered that only convictions within the last five years are recent and relevant.
Did you know?
Although these charges may be considered minor compared to some others we still always recommend fighting it. Did you know accumulation of too many demerit points can lead to a licence suspension?
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Disobey Stop Sign Summary:
This offence is committed when you have failed to come to a full and complete stop at a stop sign. Regardless if there are no other vehicles and it is clear to proceed you are still required to come to a full stop, locking the wheels. A “rolling stop” is also considered incomplete. This offence has many different variations however they all carry 3 demerit points and a fine of approximately $110.00. If convicted the offence will remain on your driving record for 3 years, possibly increasing your insurance rates. A major safety danger may develop when a driver disobeys a traffic sign, posing risks to the driver, other drivers, pedestrians, and other road users.
- Disobey Stop Sign – Stop In Wrong Place
- Disobey Stop Sign – Stop In Wrong Place – Community Safety Zone
- Disobey Stop Sign – Fail To Stop
- Disobey Stop Sign – Fail To Stop – Community Safety Zone
Highway Traffic Act section 136(1)(a) “Every driver or streetcar operator approaching a stop sign at an intersection shall stop his or her vehicle or streetcar at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection.”
- 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. R.S.O. 1990, c. H.8, s. 136 (1).
The three successive criteria are to first stop at the stop bar painted on the roadway, or if there is no marked stop bar, to stop immediately before entering the nearest crosswalk. If there is no crosswalk, you should stop immediately before entering the intersection. These three criteria can be contravened by either not stopping before the appropriate place (stopping beyond them) or by not stopping at all.
Although these charges may be considered minor compared to some others we still always recommend fighting it. Did you know accumulation of too many demerit points can lead to a licence suspension?
Is your licence suspended because of unpaid fines?
Demerit points across ontario
Did you know...
7 Points – Failing to Remain at Scene of Accident
7 Points – Driver failing to stop when signaled or requested to by a police officer
6 Points – Careless Driving
6 Points – Racing
6 Points – Failing to Stop for School Bus
6 Points – Exceeding Speed limit by 50 Kilometers per hour or more
5 Points – Driver of public vehicle or School Bus failing to stop at Railway Crossings
4 Points – Exceeding Speed limit by 30-49 Kilometers per hour
4 Points – Following too closely
3 Points – Exceeding Speed limit by 16-29 Kilometers per hour
3 Points – Driving through, around, or under Railway Crossing Barrier
3 Points – Failing to Yield Right of Way
3 Points – Failing to obey a stop sign, signal light or Railway Crossing Signal
3 Points – Failing to Obey directions of police constable
3 Points – Driving or operating a vehicle on a closed highway
3 Points – Failing to report an accident
3 Points – Improper passing
3 Points – Improper Driving where highway divided into lanes
3 Points – Crowding Driver’s Seat
3 Points – Drive Wrong Way – Divided Highway
3 Points – Cross Divided highway – No proper crossing provided
3 Points – Wrong Way in one way Street or Traffic
3 Points – Failing to slow down and proceed with caution when approaching stopped emergency vehicle
3 Points – Failing to move into another lane when approaching stopped emergency vehicle – if safe to do
2 Points – Backing on a highway
2 Points – Pedestrian Crossover
2 Points – Failing to share road
2 Points – Improper Right Turn
2 Points – Improper Left Turn
2 Points – Failing to Signal
2 Points – Unnecessary Slow Driving
2 Points – Failing to lower headlamp beam
2 Points – Improper opening of vehicle door
2 Points – Prohibited Turns
2 Points – Towing of persons on toboggans, bicycles, skis, etc. prohibited
2 Points – Failing to obey sign prescribed by regulation under subsection 182(1)
2 Points – Driver failing to wear complete Seatbelt assembly
2 Points – Driver failing to ensure passenger under 16 years wears complete seatbelt assembly
2 Points – Driver failing to ensure child passenger under 23 Kilograms occupies position with seatbelt
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