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Disobeying Lane Light (No Lane Light Present)
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PostPosted: Tue Sep 20, 2016 9:19 pm 
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Hello,

I was in Markham area, at the Kennedy and Steeles intersection. I was on the right lane and went past the intersection. Unfortunately, I did not see the "right lane must exit sign" and was given a ticket of Disobeying Lane Light.

The cop hinted at me saying he wrote the ticket wrong. Instead of writing Disobey Lane Sign, he wrote Disobey Lane Light.

I went back to the intersection to take photos, and the only lane light is the advanced green. However, I was on the right lane, so there is no way I could've disobeyed an advanced green light.

Just curious, will the court squash the case for this wrong offence or is disobeying lane sign and light close enough?



ALSO: My court date is set in April, and it would be exam season by then. Is that a good enough reason to change the trial date? Is it possible Is not being able to miss class a good enough reason too?

Thanks for your input!


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Tue Sep 20, 2016 10:16 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
What is the exact charge and section number on your ticket?

So you already plead not guilty and got a trial date?

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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Tue Sep 20, 2016 10:43 pm 
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jsherk wrote:
What is the exact charge and section number on your ticket?

So you already plead not guilty and got a trial date?


$110 section 144(10)

Yes I received a trial date and its in April!

Thanks!


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 12:46 am 
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Joined: Tue Aug 16, 2016 10:09 am
Posts: 75
Subsection 144 (10) deals with traffic control signals. Section 133 defines that term as meaning three or more lights with red, amber, green, etc., etc., etc. It should be easy to show that the intersection only has signs and not traffic lights. Take some photos now before that changes.


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 8:32 am 
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HTA says:
Obeying lane lights
144(10) Every driver shall obey every traffic control signal that applies to the lane that he or she is in.


Okay so this is good news for you!

Do NOT tell the prosecutor that the charge is the wrong one, until after 6 months have gone by. It you tell them it is the wrong charge, they could withdraw it and re-issue the correct one. With a trial date in April, it sounds like you will be past the 6 month mark so that is good.

Have you requested disclosure yet? You need to ask for a copy of the officers notes (typed if hard to read and include definition of any shortforms used).

Take pictures with date stamp on them, of the intersection and print 3 copies of each out at walmart.

Scan and post the officers notes (blank out personal info) when you get them.

In theory, you will meet with the prosecutor before the trial starts in April and that is when you can say it is the wrong charge and show pictures and mention anything in officers notes that helps your case. They should say they will withdraw the charge. If not, then when officer gets on stand you just ask about lane lights in the lane you were in and show pictures and get officer to basically admit it was wrong charge.

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+++ This is not legal advice, only my opinion +++


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 1:10 pm 
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jsherk wrote:
HTA says:
Obeying lane lights
144(10) Every driver shall obey every traffic control signal that applies to the lane that he or she is in.


Okay so this is good news for you!

Do NOT tell the prosecutor that the charge is the wrong one, until after 6 months have gone by. It you tell them it is the wrong charge, they could withdraw it and re-issue the correct one. With a trial date in April, it sounds like you will be past the 6 month mark so that is good.

Have you requested disclosure yet? You need to ask for a copy of the officers notes (typed if hard to read and include definition of any shortforms used).

Take pictures with date stamp on them, of the intersection and print 3 copies of each out at walmart.

Scan and post the officers notes (blank out personal info) when you get them.

In theory, you will meet with the prosecutor before the trial starts in April and that is when you can say it is the wrong charge and show pictures and mention anything in officers notes that helps your case. They should say they will withdraw the charge. If not, then when officer gets on stand you just ask about lane lights in the lane you were in and show pictures and get officer to basically admit it was wrong charge.


I have just received mail giving me my court date. Where do I find the information to meet with the prosecutor? Or do I do that anytime I want?

I asked other people, and they said I should not ask for disclosure and bother the officer since he clearly hinted at me that he wrote the wrong violation on purpose.

Lastly, why do I need to print out 3 copies?

Thanks again! :D


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 1:46 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
You wait until the trial date to meet with the prosecutor. Or in you could try to meet with prosecutor before trial date if you want, but make sure you are past the 6 month mark from date of ticket.

As far as disclosure goes, you DO need to see the officers notes to see what he wrote down. The prosecutor will probably want to see them as well anyways in order to decide whether or not to proceed.

For photos, read this thread:
topic1765.html

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+++ This is not legal advice, only my opinion +++


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 2:48 pm 
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Joined: Tue Sep 20, 2016 9:07 pm
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jsherk wrote:
You wait until the trial date to meet with the prosecutor. Or in you could try to meet with prosecutor before trial date if you want, but make sure you are past the 6 month mark from date of ticket.

As far as disclosure goes, you DO need to see the officers notes to see what he wrote down. The prosecutor will probably want to see them as well anyways in order to decide whether or not to proceed.

For photos, read this thread:
topic1765.html


Okay thanks for all your help!

Sorry, I am new to all this, but is there a form I need to fill out for disclosure? Would I be able to find that at the City of Toronto site? Thanks!


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 3:02 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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There is no special form that you need to use. They have one that you can use if you want, but basically you just need to say "I am requesting disclosure for my ticket #12345. Please provide me with officers notes."

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+++ This is not legal advice, only my opinion +++


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Re: Disobeying Lane Light (No Lane Light Present)
PostPosted: Wed Sep 21, 2016 7:36 pm 
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Joined: Tue Sep 20, 2016 9:07 pm
Posts: 10
jsherk wrote:
There is no special form that you need to use. They have one that you can use if you want, but basically you just need to say "I am requesting disclosure for my ticket #12345. Please provide me with officers notes."


Thanks for all your help!!!


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