Disobeyed a sign? Need some advice please...

karent
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Disobeyed a sign? Need some advice please...

by: karent on
Fri Apr 30, 2010 7:11 am

Hi there

Two days ago, I was exiting the 401 ramp on the highway and then entered on the highway ramp again. There is no sign indicating that you CANNOT go through? There are lane markings and a sign with the lane marking, and I was in the middle lane with the arrows pointing left and right. so I made a left and signaled right immediately and merged into the ramp.

The police officer charged me with Disobeying a sign (182.2). My husband and father went back to the scene and there is no sign erected saying cannot go through?

Can I fight this? I have never received a ticket, and was quite upset when this happened? I've seen people doing this all the time over the past 15 years? I also know a cop sits on the ramp, but I always thought it was to catch speeders as there are speeders there?

Should I have been charged under 182.2 or 154? Is a lane marking considered to be a sign? Is it "erected" since its on the road?

With thanks


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by: Radar Identified on
Fri Apr 30, 2010 8:21 pm

If there's no sign, you have been charged with the incorrect offence. You should have been charged with disobey lane marking. It's an entirely different offence. A lane marking is not a sign.

I'd choose option 3 (trial) and file the Notice of Intent to Appear to get started.
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by: hwybear on
Fri Apr 30, 2010 9:34 pm

what intersecting road were you at? What direction were you travelling?
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karent
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by: karent on
Sat May 15, 2010 10:44 pm

When you get a ticket to when the court date is? If its over a year, is it just thrown out of court? I've heard that people have received trial dates for 2.5 years AFTER receiving the ticket?


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by: Simon Borys on
Sun May 16, 2010 1:04 pm

There is no specific time frame, however if you feel it has been too long you can make an application to have the charges stayed since your right to a speedy trial has been violated. Then the judge decides if it has been too long.


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by: Radar Identified on
Sun May 16, 2010 9:52 pm

Generally you're looking at over 11 months delay for a good shot at the charge being stayed.
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by: hwybear on
Sun May 16, 2010 10:18 pm

karent wrote: I've heard that people have received trial dates for 2.5 years AFTER receiving the ticket?
if i understand correctly demerit points are via the offence date, only stay on for 2 years, so would not collect points.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


karent
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by: karent on
Thu Dec 16, 2010 11:35 pm

I was charged with Failing to obey a sign earlier this year. I just got my notice that my trial is mid 2011. How do I file for disclosure?
Also, at the bottom of the paper, it has check marks to show whom all got this notice-- the procecutor, but it didn't have a tick besides the OPP's name?
Does that mean he does not know and possibly won't show?

thanks! I'm new to all this.






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by: hwybear on
Sun Dec 19, 2010 8:00 am

Quotes moved over from a resurrected thread -
HB
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Moo wrote:
karent wrote:Hi everyone,
I'm writing up my request for disclosure. I've been charged with Fail to Obey Sign. I've never done this before and am using the letter from ticketcombat's website.
I have a couple of questions:

1) what's a diary date?
2) What info should I request for my charge? I know we have to modify the letter to suit our charge, but I have no idea what all I need??

thanks :)
I think diary date is the date that they're supposed to get your information by. In any case, just go with the recommended 3 weeks. You should probably at least ask for the officer's written notes, your police statement (if any), and witness statements (probably none in your case). Just think of all the information you would need to poke holes at the officer's case.

I hope that helps a bit.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca




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by: hwybear on
Sun Dec 19, 2010 3:10 pm

don't sweat it karent, too many people ask for irrelevant items and items they have no clue of what they are asking for. Here is a simple guide over on this thread
http://www.ontariohighwaytrafficact.com/topic2959.html
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca






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