HTA 144(9) Those Damn signs. What are my chances of winning?

projectloyalist
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HTA 144(9) Those Damn signs. What are my chances of winning?

by: projectloyalist on
Wed Mar 26, 2008 5:50 pm

The Officer pulled me over after I made a Left hand turn from King St. on to Atlantic Ave.
1. The sign says no turns between 4 and 7 pm.
I was pulled over at 4:06 (according to the ticket, but not my watch)
2. Also there are railroad tracks before the intersection than inhibit the driver from properly viewing the sign until they are already in the intersection.
3. There was a truck obstructing his view of the intersection, which is why I did not see him, which he could therefore not see me.
4. He said he was "only" looking up my information when he left to go back in to his cruiser. Then he came out with a ticket, thus contradicting what he had previously stated to me. He wasn't "only" looking up my information, he was writing me a ticket!

I would like to know how long to wait before going to court to initially fight this ticket. (1 week or 2?) I would also like to know my chances of winning this ticket when it finally makes it to court. Should I omit any of these arguments? Thanks for all your help guys.


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OHTA
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by: OHTA on
Wed Mar 26, 2008 8:23 pm

This is one of those tickets that you can just try to plea bargain.

You can try to get this lowered to something with less points.

I dont think you will be able to completely win this ticket, because the officer witnessed the act.


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Bookm
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by: Bookm on
Thu Mar 27, 2008 12:58 pm

You have 15 days from the date of offense to file your not-guilty plea with the court (all instructions are on the back of the ticket <check>).

Take pictures of the obscured sign.

My argument would be that we (as drivers) signal our turns in advance so as to warn others of our intentions. Signs prescribed under R.R.O. 1990, Reg. 615 of the Highway Traffic Act have a minimum viewing requirement 60m (200') I believe... (should confirm if relevant). Does this sign comply? We should not be expected to suddenly change our indicated direction based on a sign that does not meet provincial standards. To do so would be dangerous and contrary to safe driving practices.


projectloyalist
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by: projectloyalist on
Thu Mar 27, 2008 8:02 pm

Thanks for such a quick response.

45. A sign prescribed by this Regulation shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. R.R.O. 1990, Reg. 615, s. 45.

You were right and according to google maps there is about 30m after the railroad tracks end. I will use the unsafe to turn after already indicated defense, because it really would have been impossible to have see the sign from so far back. I will take pictures in the next few days.

And thanks to the admin for running this site and bookm too for all the help.


billybobadoo
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by: billybobadoo on
Fri Apr 03, 2009 7:51 pm

hey there - very interested in how your court appearance panned out. My wife got the very same ticket (she was following directions from the GPS.. pfft :x )
What evidence did you present?
What evidence did they?
Did the officer show?
Any info you can provide would be helpful.

Thanks!!


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