I got pulled over in December 2017 for making a right turn at a street with no right turn during 730am - 930am
I went last year to go to trial hoping the prosecutor would lower to a bylaw infraction but no luck from either the cop or prosecutor. Pretty much told me, "I could lower it to a TMC but out of my x years of doing this, I can tell you there isn't one." I wasn't prepared at all as she was asking for a section, so instead she said you can ask to move your trial date, so here we are...
Now to prepare, i found out the TMC I would ask to be charged would be § 950-504. Turning movements.
A. Prohibited turns.
When official signs to that effect are displayed, no person shall in any intersection or
portion of highway set out in Schedule XXIII in § 950-1322, while proceeding in the
direction or emerging from a property set out in Schedule XXIII, turn a vehicle in the
direction set out in Schedule XXIII, during the times and/or days set out in
But I found online, the sign i disobeyed was the below.
after doing some digging, I noticed they had a new by-law set in July 2018
Could this be enough to throw the case out since the sign isn't even updated with the new sign?
The disclosure clearly states 730am-930am
No. The sign was correct at the time of the alleged offence. The fact that the by-law was changed subsequently does not affect the validity of the charge.
You may have difficulty having the HTA charge changed to TMC, as municipal by-laws are relied upon to set the prohibited days/hours that are referenced in s. 182 of the HTA.
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Last post by coryb1983Last post by coryb1983 Mon Jan 07, 2019 1:52 pm
Mon Jan 07, 2019 1:52 pm
Posted in Failing to obey the directions of a police officer
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