HTA 144(12) - Green Light - Fail to Proceed as Directed

paradigm
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HTA 144(12) - Green Light - Fail to Proceed as Directed

Unread post by paradigm on

May 25, 2009 - Ticket recieved for HTA 144(12) - Green Light - Fail to Proceed as Directed
June 8, 2009 - Filed for Trial Option
Dec 1 2009 - Received Court Date Notice
Jan 21 2010 - Actual Court Date

Scenerio - Took a left turn in outer left turn lane from Harbor Front (heading East) to Bay St. (heading north) in downtown toronto. This was always a left turn lane until a few months prior when they changed the law. Cars were still using this lane regularly to make a left turn, and I had no idea that it was changed. As such I proceeded and was nabbed by a cop, and ticketed.

Do I have any chance to get out of this one? What about the fact that the signs were not clear at all, cars were still using it regularly and there was no painting on the street indicating that I could not turn left?


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Unread post by Radar Identified on

It's a bit late to try to construct a solid defence here... did you happen to get disclosure of the evidence against you? If not, no big deal, but what I'd suggest is try to look for a plea-bargain to a municipal by-law infraction, if the officer shows up. The benefit there would mostly be with your insurance, and a slightly lower fine. If the officer does not show up... depending on the Prosecutor... you should be let go.

FYI... I believe this particular offence carries 0 demerit points. Check this Demerit Points Table to be sure.

As for lack of clear signage/indications/etc., you'd need to provide some sort of proof. Lack of painting on the roadway is not good enough, unless there were markings showing that you could turn left and those conflicted with the sign(s)... but again, you'd need proof.
* 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


paradigm
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Unread post by paradigm on

Radar Identified wrote:It's a bit late to try to construct a solid defence here... did you happen to get disclosure of the evidence against you? If not, no big deal, but what I'd suggest is try to look for a plea-bargain to a municipal by-law infraction, if the officer shows up. The benefit there would mostly be with your insurance, and a slightly lower fine. If the officer does not show up... depending on the Prosecutor... you should be let go.

FYI... I believe this particular offence carries 0 demerit points. Check this Demerit Points Table to be sure.

As for lack of clear signage/indications/etc., you'd need to provide some sort of proof. Lack of painting on the roadway is not good enough, unless there were markings showing that you could turn left and those conflicted with the sign(s)... but again, you'd need proof.
I did not get the disclosure yet. What about delaying the trial itself? I have a crucial lab for school at the same time - do they need proof for this?

As for proof - do you mean that I need to provide them with proof in the form of actual pictures?


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Unread post by Radar Identified on

paradigm wrote:What about delaying the trial itself?
You or a friend can appear before the JP and ask for an adjournment. They will not really require substantive proof for this, but have it ready just in case.
paradigm wrote:As for proof - do you mean that I need to provide them with proof in the form of actual pictures?
Affirmative. See these Guidelines for Submitting Photographs.
* 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


paradigm
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Unread post by paradigm on

All, I requested full disclosure about 6 weeks ago, and it still has not arrived. My court date is tomorrow. Can I reasonably request that the date be adjourned until I receive disclosure and prepare my defense? I have already had the date adjourned once already for a different reason...

Thanks






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