Hello,

I am a 20 year old (19 at time of offence) G class driver. Prior to this incident, I had never been issued a ticket under the HTA or been pulled over by a police officer.

I was driving west along Queen Street East and made a right turn onto northbound Yonge Street. It was about 10:45pm, and there were several pedestrians crossing Yonge. I deferred my car towards the right turn, with my signal activated. After the pedestrians cleared, I completed the turn. As I started up Yonge, a police officer stepped into the roadway and waved me over. He gave me a ticket for violating Section 182 (2) of the HTA. There are no left or right turns allowed onto Yonge Street, and I didn`t see the sign.

Now, I could see the police officer standing on the side walk as I waited for pedestrians to clear. He saw me, and I waited there (for a minimum 20 seconds), signal on.

I have two questions:

1. Would it be a reasonable defence to bring up to the prosecutor that the officer saw me about to violate the law, and instead of coming over to my vehicle, waited to give me the ticket? He clearly saw me. This, in my opinion, violates Section 42 (1)(b) of the Police Services Act which states "The duties of a police officer include,....preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;". Should he not have prevented the offence, which he could have very safely and easily done?

2. If the above isn't a valid defence, is there anything else that can be done to either rid myself of the ticket, or at least get the two demerit points removed?

Thanks for the help.

Hi

I think there are two different issue. No matter what the officer did, you still break the law. The ticket is for your wrong action.

For the officer, maybe you can file a complain about his beheaver.

The officer has no obligation to try to prevent you from making the turn. That is not the kind of thing that's contemplated by s. 41(1)(b) of the PSA.

With respect to demerit points, they cannot be reduced. They administratively accompany the offence if you are convicted.

_________________
Former Police Officer, Law Student, and aspiring Criminal Lawyer
http://www.SimonBorys.ca - Bio and Blog

NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.