Failure to leave a stop sign safely.

This is a discussion on Failure to leave a stop sign safely. within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Hi, I live in Alberta Canada and was just wondering if this is a ticket worth fighting or if I ...

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Old Jul 17th, 2009, 06:52 PM   #1
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Default Failure to leave a stop sign safely.

Hi, I live in Alberta Canada and was just wondering if this is a ticket worth fighting or if I should just take my lump. I turned right on a green light and it being Friday/payday/beautiful I peeled out with my little 1988 chev s-10. Cop pulled me over and was nice enough to not give me a stunting ticket but gave me a ticket for failure to leave a stop sign safely. (sec 38 a, (a) shall not cause the vehicle to proceed until the condition of the traffic on the highway being entered on is such that the vehicle can enter onto the highway in safety)

I just don't want the pain of demerits and higher insurance since my driving record is spotless up until now. Thanks in advance!
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Old Jul 19th, 2009, 11:37 AM   #2
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Default Re: Failure to leave a stop sign safely.

All tickets are worth fighting if you really do not want it on the record.

Just showing up means you have some chance of winning.

See also WORLDLawDirect - Fighting a speeding ticket
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Old Jul 20th, 2009, 01:57 AM   #3
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Default Re: Failure to leave a stop sign safely.

I've been doing some research and here is my case, since the section of the highway safety act states

(sec 38 a, (a) shall not cause the vehicle to proceed until the condition of the traffic on the highway being entered on is such that the vehicle can enter onto the highway in safety)

I would ask the officer "Isn't it true that the condition of the traffic was fine" and "Isn't it true that I was not required to stop since the light was green" I'm thinking that since he gave me the break and wrote me the wrong ticket that I'm not guilty for the ticket he gave me, but my one concern is that the judge may take the officers side and give me the original stunting ticket that the officer let me off for. But methinks thats not something that is legal.

Any thoughts?
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Old Jul 20th, 2009, 01:58 AM   #4
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Default Re: Failure to leave a stop sign safely.

Here is the whole section, my ticket says 38a


Proceeding after stopping
38 When a person driving a vehicle is required to stop the vehicle pursuant to section 36 or 37, that person
(a) shall not cause the vehicle to proceed until the condition of the traffic on the highway being entered on is such that the vehicle can enter onto the highway in safety, and
(b) shall yield the right of way to all vehicles and pedestrians approaching that person’s vehicle and that are on the highway being entered.
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