Disobey Sign - disclosure questions. Please help!

captaintoronto
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Disobey Sign - disclosure questions. Please help!

by: captaintoronto on
Sun Mar 23, 2014 2:18 pm

Hello everyone,

I was driving in a snow storm with my 2-year-old screaming in the back seat last month. I got lost behind a Canadian Tire store and went through this intersection: https://www.google.com/maps/place/Rydin ... 108adeeb81

There was a cop waiting; he charged me with "Disobey Sign" contrary to the Highway Traffic Act, Section 182(2). I've applied for a trial and I'm going to request disclosure (I've read a little bit about how that can help when I'm at trial).

I have a few questions and I'd be grateful for some help.

1. Is this a two-demerit point charge?
2. I've read a bit about by-laws. Would the city have needed a by-law to have do-not-enter signs put up? Would this be a circumstance where the crown would be required to provide a copy of the by-law?
3. Beyond my disclosure, is there anything else I can do to get prepared?

I already have a trial date set (it came in the mail last week) for May 14th. I'm going to send off my disclosure request tomorrow by fax.

Thanks for any help you can provide, everyone!


Stanton
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by: Stanton on
Sun Mar 23, 2014 4:17 pm

Check your google map link, it's taking me to an intersection in California, USA.

1) Yes, 2 points.
2) There should be a bylaw for the sign, but the Courts often accept the sign itself as prima facie evidence of the bylaw.
3) Disclosure is a good place to start.


captaintoronto
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by: captaintoronto on
Mon Mar 24, 2014 9:40 am

Thanks for your input.

I'm disappointed that the sign itself is sufficient. Can you think of anything else I can do to be prepared?
Stanton wrote:Check your google map link, it's taking me to an intersection in California, USA.

1) Yes, 2 points.
2) There should be a bylaw for the sign, but the Courts often accept the sign itself as prima facie evidence of the bylaw.
3) Disclosure is a good place to start.


Stanton
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by: Stanton on
Mon Mar 24, 2014 11:58 am

captaintoronto wrote:I'm disappointed that the sign itself is sufficient. Can you think of anything else I can do to be prepared?
I'm not saying it's for certain, just that you'll have to research case law and be prepared to argue the point.


captaintoronto
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by: captaintoronto on
Sun Mar 30, 2014 2:35 pm

HELP!!

This whole process is moving far to quickly!! I got the ticket on February 22nd.

My court date has already been assigned (May 14th). I sent in a disclosure request March 15th and my request has been honoured; I have to pick up the materials this week.

I was hoping that the process would take a long time so I could argue for a stay... but now it's going by WAY too fast. I don't know what to do.




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