Disobey sign - Highway traffic act Sect 182 (2)

Ronnie13
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Disobey sign - Highway traffic act Sect 182 (2)

by: Ronnie13 on
Sun Feb 03, 2019 3:02 pm

Hello all

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
Schedule XXIII.

But I found online, the sign i disobeyed was the below.
BY-LAW 221-2017
https://www.toronto.ca/legdocs/bylaws/2017/law0221.pdf

after doing some digging, I noticed they had a new by-law set in July 2018
BY-LAW 1171-2018
https://www.toronto.ca/legdocs/bylaws/2018/law1171.pdf

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

thanks all!


Zatota
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Location: Thornhill

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by: Zatota on
Mon Feb 04, 2019 12:17 am

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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