182(2) Nelson & 401

BigBird26
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182(2) Nelson & 401

Unread post by BigBird26 on

On June 2nd, 2009 I received a ticket for Disobey sign as I usually exit the highway @ Morningside and there was a large backup of traffic so I decided to get back on the 401 & continue to Markham Rd but I was not able to merge safely into the far right lane as traffic was not moving well and no one would allow me into the lane so I continued on the exit ramp lane to Nelson & figured I'd exit, make the left turn from the middle lane (2 left turn lanes and 1 right turn lane) and then merge into the entrance ramp (turn left then an immediate merge right), as I did this a police officer stepped out and motioned for me to pull over (turns out there was a blitz and they had pulled over numerous cars between 7am and the time I was pulled over at 8:37am).
The office asked me if I knew that what I just did was illegal, I advised him no as there was no sign to indicate no straight through and that I had signaled left and then right and merged safely.
He gave me a ticket stating 182(2) and advsied me that its $110 and 2 points and suggested that I fight the ticket (after I told him why I did this and that I had never done it before), he said that he'd probably be in court but he said he'd speak FOR me (which I doubt, honestly he won't remember me a year later I'm sure).
I requested a trial date (it's set for June 1st, 2010) and honestly never knew there were websites like this so I didn't know about meeitng with a JOP prior to requesting a court date nor did I know about disclosure.
So I'm going to take some pictures of the area (in a full circle, over lapping with date stamp and RAW format (if I can figure out how to do that on my camera) and also I'm going to try to find presidence with other cases that were dismissed or reduced (I'd be happy with it being dropped down to no points & paying the $110 fine).

I know that was long-winded but I have a lot of time on my hands right now as I'm injured, I tore a ligament in my right foot and am trying to figure everything out before next Tuesday when I have to somehow figure out how to get myself to court (would it be possible to request a new date due to my injury as I'm off my feet, on crutches or a wheelchair?)

Any help or advice would be appreciated as I've chosen not to hire a service and I'll be representing myself.
Thanks


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Radar Identified
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Unread post by Radar Identified on

No points - could possibly try a plea-bargain to a municipal by-law infraction. They'll likely offer it to you on the day of trial. There's also the possibility that the officer will not show up. If you plea guilty to HTA disobey sign, though, you'll automatically get 2 demerit points. "Municipal" disobey sign is 0 points. Points are administrative and applied by MTO, and the courts have no control over the demerit point system.

If there is, indeed, no sign at Neilson & the 401, they probably charged you with the wrong offence. Looks like you might've disobeyed the lane markings, but that's not disobey sign. Make a motion of non-suit if the officer can't testify to the presence of a sign. You could also go to City Hall and see if they have the by-law available that would indicate that only lane markings, but no sign, are present. (I haven't been by Neilson & the 401 for a while so I don't know.) Then you could present that as evidence, including your photographs, and show that there was no sign. In summary, you would then say the markings are not a sign, and that the Crown has not made out its case for disobey sign.

As for delaying the trial due to injury... you or a friend/family member must appear before a Justice of the Peace and explain the reason for delaying the trial.

If you've are able... go visit the courthouse at 1530 Markham Road and observe a few trials, and see how the process goes. The Montessori school across the street offers all-day parking for $5, whereas the Green P parking lot at the courthouse is always full and costs more. That courthouse, which, I'm assuming, is where your trial is, also offers walk-in First Attendance (meet with a Prosecutor for early resolution). You could, theoretically, go in there tomorrow and plea-bargain to a lesser charge (not sure what times walk-in First Attendance is available, though), if you were so inclined.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


BigBird26
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Unread post by BigBird26 on

Thanks for the tips. :)

I ended up hiring X-Copper, I figured the $339 was worth it vs the 2points & increase in my insurance. Also not being able to walk/drive made if quite hard to get to the courthouse so X-Copper was able to represent me.

The had the charge changed to "Failing to obey the direction of a Green Light" (there is an advance "left" arrow that I did not obey when I merged to the right lane. The fine is $80 and no points so I'm happy. :)

thanks again, I'm sure your advice will help someone else out as I know there was a blitz that day & I know a co-worker who got the same ticket 3months after me so I'll pass this info along to him.


karent
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Unread post by karent on

Big bird, what was the court proceedings like? I have the same ticket, and by reading your initial post, I'm positive its the same officer that ticketed me too?
What advance green are you speaking of? I think for me, it was a green light, not an arrow?






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